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Indigenous

B.C.’s plan to ‘reconcile’ by giving First Nations a veto on land use

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8 minute read

From the MacDonald Laurier Institute

By Bruce Pardy

UNDRIP-inspired land law reforms are poised to turn province into an untenable host for mining, forestry and much more.

We live in strange times. A new generation of political leaders seems determined to cripple their own societies. Prime Minister Justin Trudeau, of course, comes to mind. But in Canada, he is not alone. In British Columbia, NDP Premier David Eby is preparing to bring his province to its knees.

The B.C. government plans to share management of Crown land with First Nations. The scheme will apply not to limited sections of public land here and there, but across the province. The government quietly opened public consultations on the proposal last week. According to the scant materials, the government will amend the B.C. Land Act to incorporate agreements with Indigenous governing bodies.

These agreements will empower B.C.’s hundreds of First Nations to make joint decisions with the minister responsible for the Land Act, the main law under which the provincial government grants leases, licences, permits and rights-of-way over Crown land. That means that First Nations will have a veto over how most of B.C. is used. Joint management can be expected to apply to mining, hydro projects, farming, forestry, docks and communication towers, just to start. Activities at the heart of B.C.’s economy will be at risk.

In 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP states, among other things, that Indigenous people own the land and resources of the countries in which they live. They have “the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired … to own, use, develop and control.”

At the time, Canada sensibly voted “no,” along with the United States, Australia and New Zealand. Eleven countries abstained. In 2016, Trudeau’s government reversed Canada’s objection.

As a General Assembly declaration, UNDRIP is not binding in international law nor enforceable in domestic courts. But in 2019, under the leadership of Eby’s predecessor John Horgan, the B.C. legislature passed Bill 41, the Declaration on the Rights of Indigenous Peoples Act. The act requires the government of B.C. to “take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration.” Eby’s joint management plan is the next step in this project.

Long before UNDRIP, the Supreme Court of Canada created a constitutional “duty to consult” with Aboriginal peoples. The court said that the “honour of the Crown” governs the relationship between the government and Aboriginal people. The Crown’s fiduciary duties include a duty to consult whenever proposed action may adversely affect established or asserted Aboriginal rights under Section 35 of the Constitution. This duty is notoriously uncertain, onerous and time-consuming. It has become an albatross around the neck of the Canadian resource industry. The courts seem unable to specify what the duty to consult requires, except after the fact.

Now, the B.C. government aims to make things even more unpredictable. Whatever the contours of the right to be consulted, the Supreme Court at least has been clear that it does not constitute a veto. Eby will create one.

Shortly before the B.C. legislature passed Bill 41 in November 2019, the Continuing Legal Education Society of British Columbia sponsored an Aboriginal Law Conference featuring several Indigenous proponents of the bill. They promised that the new law would render the province unrecognizable.

It will “set up a whole new norm,“ “give teeth to (UNDRIP),” and move the province away, if “not fully,” from the Westminster model of governance. The veto to be conferred on Indigenous interest groups, they said, will mean that “consent will not be given very often, if at all.”

“We’re not talking small changes; we’re talking big changes,” one speaker suggested, adding that money provided by the government so far hasn’t been enough.

“Compensation for sacred sites, for lands taken, for relocation … it’s going to be an overwhelming number of compensation claims … and so I’m hoping that the province is ready for that…. Life (in B.C.) can and will change.”

For many, it is likely to change for the worse. B.C. could become an untenable host for land-based, resource-related enterprise. Impenetrable layers of red tape would entangle applications for leases and licenses. The price for First Nations approvals could be an increasing share of royalties and kickbacks, without which consent will be refused. Both governments and First Nations will siphon an ever-larger piece of a shrinking pie.

The government’s timeline is short. Written submissions will be accepted until the end of March, and anyone giving feedback will be limited by how little information the B.C. government has offered in the consultation. Bureaucrats will begin drafting amendments to the Land Act in early February, and the government plans to introduce a bill in April or May.

If you are feeling grateful not to live in B.C., don’t count your chickens. In 2021, Parliament passed its own version of B.C.’s Bill 41, the federal United Nations Declaration on the Rights of Indigenous Peoples Act. It requires the federal government to “take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.” An action plan outlining more than 100 specific measures was released in 2023.

In a speech to the B.C. Business Council in 2016, I argued that our leaders could not do a better job of preventing Canadian business from succeeding in the global economy. I underestimated them. Their determination and ingenuity know no bounds.

Bruce Pardy is executive director of Rights Probe, professor of law at Queen’s University, and senior fellow with the Macdonald-Laurier Institute.

Indigenous

Trudeau gov’t to halt funds for ‘unmarked graves’ search after millions spent, no bodies found

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From LifeSiteNews

By Anthony Murdoch

According to the committee tasked with searching for ‘unmarked burials’ at residential schools, the Government of Canada has denied its request for further funding.

The Canadian federal government will be halting funding to a committee tasked with searching for “unmarked burials” near former residential schools after zero graves were discovered and millions of taxpayer dollars spent.

In a statement released last week, the National Advisory Committee on Residential Schools Missing Children and Unmarked Burials said it was “extremely disappointed to learn that the Government of Canada has decided to discontinue funding to support their work to help Indigenous communities in their efforts to identify, locate and commemorate missing children.” 

NAC urged “the federal government to reconsider” its funding cuts to the committee, which is co-administered by the National Centre for Truth and Reconciliation and the federal Department of Crown-Indigenous Relations and Northern Affairs, that was struck in 2021. 

The reality of the situation is that since the NAC was struck not one body has been located on lands associated with former government-funded and mandated residential schools, many of which were run by Catholic and Anglican churches in Canada.  

In fact, Canada’s Department of Crown-Indigenous Relations had already confirmed it spent millions searching for “unmarked graves” at a now-closed residential school, but that the search has turned up no human remains. 

The initial funds budgeted in 2022 to aid in “locating burial sites linked to former Residential Schools” were already set to expire in 2025, with some $216.5 million having been spent.  

A total of $7.9 million granted for fieldwork has resulted in no human remains having been found to date.  

In 2021 and 2022, the mainstream media ran with inflammatory and dubious claims that hundreds of children were buried and disregarded by Catholic priests and nuns who ran some of the schools.  

As a result of the claims, since the spring of 2021, 112 churches, most of them Catholic, many of them on indigenous lands that serve the local population, have beenburned to the ground, vandalized, or defiled in Canada. 

The Tk’emlups te Secwepemc First Nation was more or less the reason there was a large international outcry in 2021 when it claimed it had found 215 “unmarked graves” of kids at the Kamloops Residential School. The claims of remains, however, were not backed by physical evidence but were rather disturbances in the soil picked up by ground-penetrating radar.   

The First Nation now has changed its claim of 215 graves to 200 “potential burials.”   

As reported by LifeSiteNews, Prime Minster Justin Trudeau as recently as June again falsely stated that “unmarked graves” were discovered at former residential schools.  

Canadian indigenous residential schools, while run by both the Catholic Church and other Christian churches, were mandated and set up by the federal government and ran from the late 19th century until the last school closed in 1996.     

While there were indeed some Catholics who committed serious abuses against native children, the unproved “mass graves” narrative has led to widespread anti-Catholic sentiment since 2021.  

While some children did die at the once-mandatory boarding schools, evidence has revealed that many of the children tragically passed away because of unsanitary conditions due to the federal government, not the Catholic Church, failing to properly fund the system.     

In October of 2024, retired Manitoba judge Brian Giesbrecht said Canadians are being “deliberately deceived by their own government” after blasting the Trudeau government for “actively pursuing” a policy that blames the Catholic Church for the unfounded “deaths and secret burials” of Indigenous children. 

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Business

An era of Indigenous economic leadership in Canada has begun

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Energy for a Secure Future (ESF), the Institute of Energy Economics, Japan (IEEJ), and the First Nations LNG Alliance have signed a Memorandum of Understanding (MOU) to increase energy trade between Canada and Japan. The MOU was signed at the Canadian Embassy in Tokyo and recognizes the growing importance of Indigenous-led LNG projects in Canada’s energy security, reducing global emissions, and driving economic growth for First Nations and the country as a whole.

With Canada’s trade relationship with the U.S. uncertain—especially with U.S. President Donald Trump threatening a 25 per cent tariff on Canadian exports, including 10 per cent on energy—the need to diversify markets has never been more pressing. Canada ships 97 per cent of its oil and gas to the U.S., leaving the country exposed to the political whims of Washington. Expanding trade partnerships with key allies like Japan provides an opportunity to mitigate these risks and build a more resilient economy.

At the heart of Canada’s modern energy industry are First Nations-led LNG projects, which are proving to be a model for economic reconciliation and environmental responsibility. The Haisla Nation’s Cedar LNG, the Squamish Nation’s involvement with Woodfibre LNG, and the Nisga’a Nation’s Ksi Lisims LNG project exemplify Indigenous leadership in Canada’s energy future. These projects bring economic prosperity to Indigenous communities and position Canada as a key player in low-emission energy for the world.

Few people embody this leadership more than Chief Crystal Smith of the Haisla Nation, who received the 2025 Testimonial Dinner Award on February 7. Her vision and determination have brought Cedar LNG—the world’s first Indigenous-majority-owned LNG facility—to life. Under her leadership, this $4-billion project will start up in 2028 and will be one of the most sustainable LNG facilities in the world, powered entirely by BC Hydro’s renewable electricity. Her work is not just about resource development—it represents a country-changing shift in Indigenous economic leadership. By owning the majority of the Cedar LNG project, the Haisla Nation has set a precedent for economic self-determination, long-term job creation, revenue generation, and skills training for Indigenous youth.

She is echoed by Karen Ogen, CEO of the First Nations LNG Alliance, who has been a long-time advocate for Indigenous participation in LNG. As she says, “Our involvement in LNG not only represents an opportunity for economic growth for our communities and for Canada but will help the world with energy security and emissions reduction.”

The MOU signed in Tokyo signals Japan’s growing interest in Canadian LNG as part of its energy security strategy. Japan is phasing out coal and needs reliable, low-emission energy sources—Canadian LNG is the answer. Shannon Joseph, Chair of Energy for a Secure Future, said, “Japan wants diverse energy partners, and on this mission, we’ve heard clearly that they want Canada to be one of those partners.”

This partnership also highlights Canada’s missed opportunities over the last decade. As industry leaders like Eric Nuttall of Ninepoint Partners have pointed out, Canada could have avoided its current dependence on U.S. markets had it built more pipelines to the east and west coasts. The cancellation of the Northern Gateway and Energy East pipelines left Canada without the infrastructure to reach Asian and European markets.

Now, with the expansion of Trans Mountain (TMX) and the rise of Indigenous-led LNG projects, Canada has a second chance to shape its energy future.

As B.C. Minister of Economic Development Diana Gibson has said, expanding trade relationships beyond the U.S. is key to Canada’s future.

The First Nations-led LNG sector is demonstrating that Indigenous leadership is driving economic reconciliation and strengthening Canada’s geopolitical influence in global energy markets. For too long, Indigenous communities were merely stakeholders in resource projects—now they are owners and partners. First Nations are proving that responsible development and environmental stewardship can coexist.

With the MOU between Canada and Japan, the growth of LNG projects, and the recognition of Chief Crystal Smith, a new era of Indigenous economic power is emerging. These developments make one thing clear: First Nations are not just leading their communities—they are leading Canada.

In times of trade uncertainty, their vision, resilience, and business acumen are building the foundation for Canada’s energy future, ensuring prosperity is shared between Indigenous peoples and all Canadians.

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