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B.C. introduces new mining claims framework to ensure First Nations consultation
B.C. introduces new mining claims framework to ensure First Nations consultation

CBC

time27-03-2025

  • Business
  • CBC

B.C. introduces new mining claims framework to ensure First Nations consultation

British Columbia has introduced a new framework for consultation on mining claims, but the B.C. Assembly of First Nations regional chief says it "does not come close" to the collaborative approach outlined in the province's Indigenous rights law. In an op-ed published by the Vancouver Sun, Terry Teegee says B.C.'s law adopting the United Nations Declaration on the Rights of Indigenous Peoples reflects a "duty to consent," going beyond the duty to consult First Nations on issues affecting their lands, and the new mineral framework represents "a step backward." A statement from B.C.'s Mining Ministry says the changes to the mineral tenure system were required to align with a 2023 B.C. Supreme Court ruling, which established that First Nations must be consulted at the time of claim staking. It marks a shift from the previous practice, when consultation began later, during the permitting phase for exploration. Teegee says the framework means companies can no longer register large swaths of land for mineral exploration and must now notify First Nations and request they respond. He says the shift will result in an influx of mineral applications, overwhelming First Nations offices that often face staffing and other capacity challenges, while providing "limited opportunities" for nations to stop or modify mineral permits. "The framework risks perpetuating business-as-usual practices that exclude First Nations from critical decision-making processes," he says in the op-ed. Under the new Mineral Claims Consultation Framework, the province says individuals with a Free Miner Certificate can apply for a mineral or placer claim by filing out an online application in the Mineral Titles Online system. It says the province will then consult with First Nations, then the chief gold commissioner will determine whether the duty to consult has been met and if the claim should be registered, denied, or registered with accommodations. All pre-existing claims will remain valid, and decisions will be published on the Mineral Titles Online website to ensure transparency, the province says. "Through the (new framework), we are ensuring we address our constitutional obligations, and (are) bringing certainty to the earliest stages of the mineral exploration process," Mining Minister Jagrup Brar says in the news release. "We will continue to monitor and improve the framework to ensure that it is straightforward, fair and results in timely decisions." The case that led to the new framework began in 2021, when the Gitxaala Nation filed a petition challenging the province's online mineral tenure registry, which automatically granted mineral rights on its territory without consultation. The Ehattesaht First Nation filed a similar petition in June 2022, and the B.C. Supreme Court heard the cases together the following year. The court suspended its ruling for 18 months, allowing the province time to make changes to the mineral tenure system. Teegee says in his op-ed that while the province has recognized challenges in the referral process, it has recommitted to a "flawed system ... circumventing the substantive changes necessitated by years of legal battles and the provincial government's spending (of) millions fighting First Nations in court."

First Nations leaders in B.C. lay out their priorities in the federal election
First Nations leaders in B.C. lay out their priorities in the federal election

CBC

time26-03-2025

  • Politics
  • CBC

First Nations leaders in B.C. lay out their priorities in the federal election

The full implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada is top of mind for some First Nations leaders in B.C. as federal election campaigns are underway. Terry Teegee, B.C. regional chief for the Assembly of First Nations, said 2021's United Nations Declaration on the Rights of Indigenous Peoples Act is "an important commitment in terms of Crown-Indigenous relationships, to make sure that it's the minimum human rights standard." The legislation ensures that Canadian laws must align with the U.N. declaration that outlines minimum standards for the recognition and protection of Indigenous rights. An action plan for implementation of the act includes 181 measures, all of which Teegee wants to see in place. "The implementation part of it is really slow," said Cheryl Casimer, chief of ʔaq'am and a member of the First Nations Summit's political executive. Casimer and Grand Chief Stewart Phillip of the Union of British Columbia Indian Chiefs said UNDRIP is a priority they want to hear about during the election. Teegee, Casimer, and Phillip are the leaders that make up the First Nations Leadership Council, which is a collaborative political working group that advocates for First Nations issues in B.C. CBC Indigenous spoke to the leaders separately on what issues are important to them. Standing up to the United States Casimer said the provincial government has welcomed First Nations to the table when it comes to addressing tariff threats from the United States and she would like to see the same with the federal government. "Moving forward here on in with whomever becomes the elected leader, I strongly urge that they include First Nations as part of Team Canada," said Casimer. Phillip said threats to Canadian sovereignty and water from the United States amplify the urgency for the government to work with First Nations. The United States recently paused negotiations of the Columbia River Treaty that regulates flood control, hydro-electric power and salmon restoration on the cross-border river. "I am worried about First Nations issues being in the background," said Phillip. Phillip, Teegee and Casimer said they are looking for candidates to talk about reconciliation with Indigenous Peoples. Drinking water legislation Teegee said legislation that had been tabled to ensure safe drinking water for First Nations (Bill C-61) "essentially died" after the Parliament session was prorogued, then dissolved. "We would be really pushing for another potential for legislation on safe drinking water for First Nations people across British Columbia and Canada," said Teegee. Clean water is also a priority for Casimer, who said First Nations and non-Indigenous communities need proper infrastructure to ensure all waterways remain clean. Justice and policing Teegee said ensuring that First Nations policing is recognized as an essential service across the country is important. A new framework for First Nations policing is among the calls for justice of the national inquiry into Missing and Murdered Indigenous Women and Girls. More than $43 million was allocated in the 2021 federal budget for co-developing legislation that would recognize First Nations policing as an essential service. Casimer said she also wants to see more movement on the 231 calls for justice, and lowering Indigenous representation in the justice system. Teegee said he wants to work with the next government to amend the criminal code to criminalize residential school denialism. "I think that is very important as we see more and more denialism across this country," said Teegee. Other issues of concern included child and family services, the opioid crisis and sex-based discrimination in the Indian Act. Teegee and Casimer said they are not endorsing any political party this election. But Casimer said there is more stability and certainty for government and industry when the rights and title of First Nations are recognized. "It's easier to sit down and work with us, than against us," said Casimer. Phillip said he is leaning NDP because he feels they have listened to First Nations. "My heart tells me NDP and I have always supported Jagmeet Singh and his aspirations," said Phillip.

Calls for government support intensify as 3rd Vancouver Island Indigenous group declares state of emergency
Calls for government support intensify as 3rd Vancouver Island Indigenous group declares state of emergency

CBC

time13-03-2025

  • Health
  • CBC

Calls for government support intensify as 3rd Vancouver Island Indigenous group declares state of emergency

The Homalco First Nation is holding its fourth funeral in six months this week for a young community member who died from a drug overdose. The north Island Nation is the third Indigenous group on Vancouver Island to declare a state of emergency due to the toxic drug crisis. It is joining calls for federal and provincial government leaders to take urgent action and provide resources to help them deal with it. "This crisis is a direct result of the aftermath of residential schools and the lasting generational trauma that continues to devastate Indigenous communities," it said. "The toxic drug epidemic is not just a Homalco issue—it is a direct consequence of colonial policies that fractured families, suppressed culture, and left lasting scars on Indigenous people." In March 2024, the Gwa'Sala-Nakwaxda'xw Nations, two north Island Nations with a population of 1,100, declared a state of emergency following the deaths of 11 members. The Nation said that many died due to drug poisoning and alcohol. The Nuu-chah-nulth Tribal Council, which represents 14 West Coast nations with about 10,000 members on the island, declared a state of emergency in September due to the mental health and opioid crisis. One of their member communities, the Ahousaht First Nation, had declared a state of emergency two weeks prior to that, following the deaths of two young people within hours of each other in separate incidents. First Nations leader says 'we're in a crisis' Terry Teegee, regional chief of the B.C. Assembly of First Nations, says that 10 years into the toxic drug crisis, not enough co-ordinated, culturally appropriate support or resources have gone to Indigenous communities. Indigenous people, particularly women, make up a disproportionate number of the lives lost to toxic drugs. "I think we're in a crisis state with many First Nations across this province," said Teegee, who blames the generational trauma from residential schools for the depth of the current crisis. "One of the things that we're seeing sadly is almost a whole generation die as a result of the opioid crisis." Homalco Chief Darren Blaney spoke in a video posted to social media announcing the nation's state of emergency. He expressed sadness at the recent deaths of its four young members and said that Homalco leaders would be holding a community dinner on March 14 to discuss plans for addressing the crisis. "It's going to take more than chief and council to help the community to keep the drug dealers out, but also to support people when they're trying to sober up," he said in the video. "We need to have our young people be able to realize all of their potential." The leadership of the Homalco Nation and the First Nations Health Authority were not immediately available for an interview when contacted by CBC. Blaney called on the province to engage with the Homalco and other nations who have declared a state of emergency to come up with immediate long-term solutions through a government-to-government process. The CBC did not receive an immediate response from the province when asked for a comment. Blaney says he hopes to receive more funding to build a trauma centre to help prevent future deaths.

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