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Cooperation ahead of courts BC’s Clark appeals to First Nations to repair strained relationship, allow development to proceed; leaders not ready to give support Gary Park For Petroleum News
Faced with a threat to resource development, British Columbia Premier Christy Clark has taken the unprecedented step of appealing to leaders of her province’s 203 First Nations to take “a chance to shape history.”
Along with her cabinet and top deputy ministers, she made the plea for cooperation and negotiation to override conflict and court fights, following a June landmark ruling by the Supreme Court of Canada ended a three-decade long battle with the Tsilhqot’in First Nation by declaring that community had title to a vast territory beyond its defined lands.
Although the verdict did not make consent between governments and First Nations absolute requirements, it put pressure on both sides to reach agreement on resource development through negotiations rather than litigation.
Clark described the ruling as a “fork in the road,” and suggested the conference was a “day when our shared history can be transformed forever,” offering to build a new partnership with First Nations.
However, she did not go as far as dealing with First Nations’ claims to a share of resource revenue.
Only a polite hearing The aboriginal leaders only gave Clark a polite hearing, but Jody Wilson-Raybould, regional chief of the Assembly of First Nations, said that more than talk and “more than mere mandate tweaking” were needed.
Grand Chief Edward John of the First Nations Summit said it was a “remarkable achievement” to have cabinet members sitting with so many First Nations leaders.
Indirectly referring to Clark’s reference to a “fork in the road,” he said that in the past “what we’ve been met with is mostly forked tongues.”
Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs, said he hoped the “critically important” meeting would end an era of conflict.
Report: ‘significant turning point’ On the eve of the summit, a report by the Macdonald-Laurier Institute, an Ottawa-based think tank, said the Supreme Court decision “certainly marks a significant turning point in relations between First Nations, provincial, territorial and federal governments.”
“However, contrary to the media hype surrounding the unexpectedly decisive ruling, the victory for aboriginal people has its limits.”
The co-authors Kenneth Coates and Dwight Newman said the Tsilhqot’in decision is better viewed as just the latest in a series of high court decisions over four decades that have strengthened aboriginal rights and title.
They also made a handful of recommendations on how governments could make the best of the situation if they are willing to view the decision as an opportunity to “build a stronger Canada,” provided they enter treaty negotiations with stronger mandates, clarified intentions and a willingness to go to court to clarify the unresolved implications of the Supreme Court decision.
“The governments that embrace the details and direction of the Tsilhqot’in (ruling) will have the best chance of moving forward with carefully planned resource development.
“Those that resist will spend a great deal more time in court and will see resource activity stagnate in their jurisdiction.”
The authors added that “regardless of what one thinks of the judgments, they are now the law of the land.”
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