In 2014, the Supreme Court of Canada determined in the Tsilhquot’in case that provincial laws of general application do not apply where Indigenous title has been established.
The court recognized the claim of the Tsilhquot’in to five per cent of their traditional territories (which was all that they were asking for).
Since that time, because of overlapping claims, First Nations throughout the province have asserted title claims to 150 per cent of the land area of British Columbia.
Vast sums are being spent on archeology to establish these claims. Recently, the provincial NDP government has tentatively concluded negotiations over Haida Gwai in the Rising Tide agreement.
This will see Indigenous title recognized to the entirety of Haida Gwai, although the Haida nation is still pursuing other remedies in court against the province.
Locally, the Lheidli T’enneh rejected a proposed treaty in 2018. With all of this background, why is there virtually no discussion of the implications of these developments in the provincial election? Politicians are making the typical spending promises as if nothing changes.
If the Rising Tide agreement is a template for resolution of other claims, how (without a land base) will the province be able to fund its expenses? Will there even be a Province of British Columbia?
James Cluff
Prince George
