BC Today – Daily Report October 25, 2019 Quotation of the day “Reconciliation isn’t for wimps. You, sir, are no wimp.” Premier John Horgan acknowledged Grand Chief Stewart Phillips’ leadership and guidance on the ​ ​ ​ ​ path to reconciling the province’s laws with the United Nations Declaration on the Rights of Indigenous Peoples. Today in B.C. On the schedule The house is adjourned until 10 a.m. on Monday, October 28. Thursday’s votes and proceedings After a blessing by Shirley Alphonse of the T'Sou-ke Nation, a land acknowledgement by ​ ​ Songhees Nation elder Butch Dick and drumming by the Lekwungen Traditional Dancers, ​ ​ Indigenous Relations and Reconciliation Minister Scott Fraser introduced Bill 41, Declaration ​ ​ ​ ​ ​ of the Rights of Indigenous People's Act. ​ The landmark legislation formalizes the recognition of the rights of Indigenous peoples as human rights and aims to bring provincial laws into harmony with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) over time. If passed, the bill will require the province to develop an action plan to meet the objectives of the UN declaration and deliver annual reports on its progress. The introduction of Bill 41 makes B.C. the first province to take action to bring its laws into ​ ​ harmony with UNDRIP. Following first reading of the bill, Government House Leader Mike Farnworth moved a motion ​ ​ to suspend the usual proceedings of the house to allow Grand Chiefs Ed John and Stewart ​ ​ ​ Phillip, Assembly of First Nations Regional Chief Terry Teegee, and Cheryl Casimer, member ​ ​ ​ ​ ​ of the First Nations Summit Political Executive, to address the house. ​ Premier John Horgan and official Opposition Leader Andrew Wilkinson also spoke to the bill’s ​ ​ ​ ​ significance as did Green Party MLA Adam Olsen (Saanich North and the Islands). ​ ​ The house completed committee stage on Bill 36, Gaming Control Amendment Act, which will ​ ​ ​ provide for the B.C. First Nations Gaming Revenue Sharing Limited Partnership to receive a ​ ​ share of the province’s annual gaming revenue. The bill was immediately granted third reading. Liberal Health critic Norm Letnick ​ (Kelowna—Lake Country) was the only MLA to vote against the bill. He said the Okanagan ​ ​ Indian Band asked him to vote against it because they disagree with the structure the legislation uses to disburse the funds. MLAs then began second reading on Bill 33, Securities Amendment Act (No. 2), which, if ​ ​ passed, will give the B.C. Securities Commission the “strongest enforcement and collection tools in the country” to help crack down on white collar crime. In the house Newly elected Independent MP Jody Wilson-Raybould (Vancouver Granville) was in the ​ ​ legislature for the introduction of Bill 41. ​ ​ ‘We have taken a great step forward’: B.C. becomes first province to enshrine Indigenous rights into provincial law The B.C. legislature’s public galleries were packed and the floor of the chamber was full of special guests for the introduction of the long-awaited United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) legislation. In his introduction of Bill 41, Indigenous Relations and Reconciliation Minister Scott Fraser ​ ​ ​ emphasized the collaborative nature of the bill, which was co-developed with the First Nations Leadership Council. According to ministry staff, all B.C. First Nations chiefs had input on the legislation and consultations included 10 First Nations organizations, as well as various non-profits, local governments, and business and industry interests. Bill 41 is brief — less than four pages of legislative language followed by the text of UNDRIP. ​ Upon receiving royal assent, the act will require the province to develop an action plan to meet the declaration’s objectives in collaboration with First Nations. Unlike the federal government’s legislation on incorporating UNDRIP into law — Bill C-262 ​ mandates 20 years of progress reports on the issue — B.C.’s bill does not contain timelines for the development of the action plan or for the delivery of the province’s first progress report, which is scheduled to be filed at the end of each fiscal year (March 31). The bill provides for new decision-making agreements between the province and Indigenous governments and enables the province to recognize Indigenous governance structures beyond ​ federal Indian Act bands, treaty Nations and incorporated bodies and societies. These could ​ ​ include “multiple Nations working together as a collective, or hereditary governments, as ​ determined and recognized by the citizens of the Nation.” Grand Chief Ed John spoke about the significance of the bill given the role legislatures have ​ ​ played in colonization. “We have no voice in this house — today, as we have many times, we come here as your ​ guests,” he said. “In the past ... this house, while it provided hope for many newcomers to this land, it also created terrible injustices for our people, the original peoples, the many Indigenous nations on this incredible land.” Future legislation will be crafted with the principals of UNDRIP in mind, according to the Ministry of Indigenous Relations and Reconciliation, and existing legislation may be amended to ensure it does so. “This is not an event, it's not a moment,” Horgan said of the bill. “This is the start of the process to build the relationships that we all want to see. This is a welcoming for us settlers to the lands of the Indigenous peoples in British Columbia.” ‘Putting to rest the notion that there’s a veto involved’ UNDRIP requires the “free, prior and informed consent” of Indigenous peoples before ​ “legislative or administrative measures that may affect them” are implemented. Some have speculated enshrining the declaration in law would give First Nations veto powers — over resource development projects on traditional territories, for example. But yesterday Premier John Horgan said that is not the case. ​ ​ “The word veto is not contained in the legislation, nor is it contained in [UNDRIP],” he told ​ reporters. “What is contained ... is ensuring that all peoples get the same set of rights going forward and free, prior and informed consent is just that.” Assembly of First Nations Regional Chief Terry Teegee put a fine point on the issue during his ​ ​ speech in the house. “Some people will oppose this law because of their fears of what an era of mutual consent means,” he said. “There is fear in the idea of sharing power and jurisdiction.” But B.C.’s proposed law “is not about providing any government with veto rights,” Teegee contended. “Let's be clear — consent is about agreement,” he said. “Consent is a process to achieving and maintaining agreement. Consent is about sharing and respecting our laws as equals and as partners. Consent is the future, and most simply put, it's about coming together as governments, as people seeking to find common ground.” The province went so far as to issue a second news release — separate from the release on the ​ ​ legislation itself — promising that Bill 41 will “create further certainty for investment” in the ​ ​ ​ province, reaffirming “B.C. as a world-class destination” for businesses and “creating a strong inclusive economy.” Teegee concurred. “The greatest uncertainty for project development that hinders the B.C. ​ economy is not knowing if approval has consent of the affected First Nations,” he said. “Laws that are co-developed where consent is the aim of all First Nations–Crown engagement ... will deliver economic and legal certainty and predictability in this province.” Cheryl Casimer, a member of the First Nations Summit Political Executive, poked fun at those ​ ​ dubious about the bill’s effect. “The province is formally recognizing that Indigenous peoples were here first and renouncing ​ the doctrines of discovery and terra nullius,” she said. “Do you hear it? The sky did not fall.” ​ ​ Stakeholder reaction BC Mining Association president and CEO Michael Goehring is hopeful the legislation will “lead ​ ​ to greater certainty and predictability” for resource industries in the province. He noted that mining operators have “numerous agreements and partnerships” with Indigenous groups in the province, and that “many of those reflects the principles of UNDRIP.” “The mining industry has been at the forefront ... with economic reconciliation,” he told reporters. “They're out there on the land base, they're working with their Indigenous partners and it's all about working towards compromise and collaboration and consents to get things done.” Goehring also said that the legislation’s implementation will be “critical.” ​ ​ The BC Teachers’ Federation called the tabling of the bill “wonderful to see.” “The BCTF has policy dedicating ourselves to working with others to ensure UNDRIP is ​ ​ ​ ​ implemented,” the federation tweeted. B.C.’s school curriculum has also been updated to ​ ​ ensure students gain an “accurate and respectful” understanding of Indigenous culture and history. Attorney general ‘disappointed’ as Supreme Court throws out province’s plan to cap expert witnesses in ICBC cases B.C.’s Supreme Court sided with the Trial Lawyers Association yesterday, ruling the B.C. ​ ​ government’s plan to limit the number of expert witnesses that can testify in ICBC court cases is unconstitutional. Justice Christopher Hinkson concluded The government’s attempt to cap the number of expert ​ ​ witnesses at three per case interferes with the court’s power to control its processes and its “ability to hear and determine the cases that come before it.” Reducing the number of paid experts testifying in insurance cases was projected to save ICBC more than $400 million. Throwing out the policy could have significant ramifications for the provincial auto-insurer, which is expected to post a $50-million loss this fiscal year — a drastic improvement after two consecutive years with more than $1 billion in losses. “It is difficult when we bring a big reform measure like this forward to lose in this way, and I won’t pretend it’s not, but that doesn’t mean we’re going to give up,” Attorney General David Eby said ​ ​ of the decision.