MPs team up to push for property rights answers as treaty deadlines loom

By Grant Warkentin

Two BC MPs are joining forces to push the federal government for answers about three treaties with First Nations that are only a step away from becoming official.

“In light of the recent controversy and legitimate concerns surrounding the proposed treaties involving K’ómoks, Kitsumkalum and Kitselas First Nations, Member of Parliament Ellis Ross and I have written a letter to the chief federal and provincial treaty negotiators requesting a time-sensitive meeting,” said North Island – Powell River MP Aaron Gunn in a statement today.

Ross is the MP for Skeena – Bulkley Valley, and a former chief of the Haisla Nation. He has spoken multiple times about how changing BC laws to be compatible with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is bad for Indigenous and non-Indigenous residents of the province.

When he was an MLA in 2019, Ross was part of the legislature’s unanimous vote to implement the declaration into BC law as DRIPA, the Declaration on the Rights of Indigenous Peoples Act. However, he was one of the few MLAs to question how it would work in practice, and said it could create a veto power for First Nations.

“If there are two parties at the table [a First Nation and the Crown], and the First Nation doesn’t agree, what happens?” he asked. “Does the Crown still go ahead and make a decision based on the interests of BC as a whole? Or do they just withhold their decision? Making no decision is still a decision… Isn’t that a form of veto?”

Ross and Gunn have now teamed up to push the federal government for a clear answer about property rights in BC, which are clouded in uncertainty after several post-DRIPA court decisions have suggested aboriginal title may take priority over private, fee-simple land title. Properties in Richmond and Vancouver are already affected by recent court decisions, and more decisions likely to impact private property rights are on the way.

Gunn says the three treaties currently a vote or two away from becoming law need closer examination.

“In particular, we look forward to discussing how these treaties may affect the private property rights of our constituents as well as the broader economic certainty, equity and investment in our region,” he said.

The two MPs sent a joint letter today to the two chief federal negotiators with Crown-Indigenous Relations and Northern Affairs Canada, and to the two chief provincial negotiators with the Ministry of Indigenous Relations and Reconciliation. They are formally requesting a meeting with the negotiatiors for an update and a briefing on the treaty negotiation process.

“It is important that these concerns be addressed transparently and that elected representatives have a clear understanding of how such matters are being considered within the negotations,” their letter says.

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