Submitted by ʔaq̓am Chief and Council

ʔaq̓am Chief and Council are deeply disappointed and alarmed by the announcement of British Columbia’s recently introduced Bill 14 (Renewable Energy Projects (Streamlined Permitting) Act) and Bill 15 (Infrastructure Projects Act), and demand the immediate withdrawal of these Bills.

The Bills provide the province with extraordinary, centralized powers, including to sidestep legally required consultation and cooperation with First Nation Title and Rights holders, and bypass processes intended to provide environmental and social protections.

It is the latest in a troubling pattern we are seeing from the province where it appears to be moving away from our principled partnership approach to reconciliation and, instead, toward an approach of unilateralism and centralized power.

The Bills are designed simply to support expedited development, facilitated by accelerated provincial approval and permitting processes, where Crown decision makers could override obligations to First Nations, as well as its own environmental protection laws. This is wholly regressive of decades of work we have done in B.C. to build strong government—to government relations, and to ensure high environmental standards are met in the management of lands, waters and resources.

“Bills 14 and 15 were developed with no meaningful consultation with First Nations,” noted Cheryl Casimer, Nasuʔkin (Chief) of ʔaq̓am. “The implications of these Bills are profoundly far reaching and, if passed, would pose a serious risk of significantly impacting the lands, waters and resources that we have a responsibility to steward within our homelands. It is a direct threat to our sovereignty”.

ʔaq̓am, along with our fellow Ktunaxa Nations, have worked diligently with the Province of British Columbia and industry over the past decade to develop relationships and processes to ensure oversight and management of impacts related to several current and proposed open pit coal mines within the Elk Valley region of ʔamakʔis Ktunaxa. These Bills have great potential to undermine the good work that we have been doing.

“The Declaration Act is a key part of a principled framework for the Province of British Columbia and First Nations to navigate and effect true reconciliation. This Bill presents a different process that sets us back decades and has the potential for months or even yearsof conflict,” stated Nasuʔkin Casimer.

She continued, “While the Premier’s recent public statements suggest projects won’t proceed with out affected First Nations’ consent, that is not expressed anywhere in the draft legislation. A “trust us” model does not work and the province needs to implement its Interim Approach with respect to this proposed legislation to ensure it aligns with the United Nations Declaration on the Rights of Indigenous Peoples, as per its legal commitments.”

Nasuʔkin Casimer concluded, “I truly hope that Premier Eby and his Cabinet reconsider and meaningfully consult and cooperate with First Nation title and rights holders with regard to these Bills. We ask British Columbia to work with us to truly find appropriate efficiencies for developments and projects that matter to British Columbians, including ʔaqamnik, while still upholding the promise this provincial government has made to respect our inherent, constitutional and human rights.”

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