BC's development agenda tramples rights, First Nation leaders warn

National Observer

09-05-2025

Indigenous leaders across BC are sounding the alarm over two new provincial bills they say threaten to undermine their people's rights and weaken environmental safeguards.
The legislation introduced by Premier David Eby's government aims to fast-track major infrastructure developments and clean energy projects. But First Nations leaders argue the bills were developed without the proper consultation required under BC's Declaration on the Rights of Indigenous Peoples Act (DRIPA).
Under DRIPA, the province is legally obligated to consult Indigenous communities in such cases, the leaders said.
'We're supposed to have not only a heads-up but co-development of laws and legislation and policies,' said Robert Phillips, political executive of the First Nations Summit, part of the First Nations Leadership Council.
While the groups support economic growth, they are worried it could undermine Indigenous jurisdiction.
'While we support the Province taking action to counter Trump's erratic behaviour, such action must be principled,' said Stewart Phillip, grand chief and president of the Union of BC Indian Chiefs in a press release. 'We are deeply alarmed by the province's continued backsliding on reconciliation.'
Bill 15, known as the Infrastructure Projects Act tabled this month, grants the provincial cabinet sweeping authority to override local rules and environmental assessments for projects deemed "provincially significant." This includes the power to bypass local zoning bylaws, issue permits directly and even create alternative environmental assessments for projects like mines, mills and energy developments.
'If First Nations aren't consulted and don't have consent, it jeopardizes everything we've worked to build under DRIPA,' said Robert Phillips of First Nations Summit. 'Reconciliation and economic growth are not incompatible — they go hand in hand.'
While the premier has reassured people that the province remains committed to DRIPA and legislation will not override Indigenous rights, the leaders are not convinced.
If the province ignores reconciliation in its rush to achieve economic growth, it will only face legal challenges that will serve no one's interests, Phillips said.
He pointed to Mount Polley as an example of what happens when governments push ahead with industrial projects without proper consultation or rigorous environmental review. The 2014 tailings pond collapse at Mount Polley, in south-central BC, caused one of Canada's worst environmental disasters. Litigation over the mine's expansion continues.
Phillips said meaningful consultation doesn't have to be a roadblock. For public infrastructure, like hospitals and schools, First Nations want to see faster progress too, he said — but they are concerned about environmental oversight, especially for large, private, profit-driven projects that can impact Indigenous territories for generations.
'I'm probably one of the most pro-business members of the leadership council,' he said. 'I want to see jobs and opportunities — but not at all costs. Not if it risks unravelling decades of work on rights recognition and environmental safeguards.'
Phillips said many communities also lack the capacity to conduct their own environmental assessments or negotiate complex project terms, which makes early and robust engagement and access to capacity-building support even more essential.
'If First Nations aren't consulted and don't have consent, it jeopardizes everything we've worked to build under DRIPA,' he said. 'Reconciliation and economic growth are not incompatible — they go hand in hand.'