By Peter Christensen

Op-Ed Commentary

Prime Minister Justin Trudeau’s Liberal middle of the road government ‘jogged along.’ It’s a term that was used by British Empire bureaucrats to describe what they liked doing, as little as possible.

Rather than making tough choices, Justin Trudeau’s government turned the ‘environmental crisis’ over to the Indigenous, who had by this time heard enough ‘back to the land’ phenomenology and idealism from activists to motivate them to pursue their ancestral claims for possession of territory in Supreme Court.

Turning to Rule of Law in British Columbia, Indigenous Bands argued successfully that rights to unceded territory and resources belong to pre immigrant bloodlines. The validity of their ancestral claim dates back to The Royal Proclamation of 1763, issued by King George III, that acknowledged Indigenous Title to lands not ceded by Treaty to the Crown and stipulated that only the Crown could purchase Indigenous lands.

Recently, progressive Bands like the Haisla at Kitimat on the North Coast, under the leadership of Ellis Ross, by-passed Indian Affairs and cut their own deals with big business to build the Kitimat LNG port facility that goes into full production this year.

Closer to home, at Invermere, the Shuswap Band, led by the innovative Barb Cote, leased land to what became successful businesses like Kicking Horse Coffee, Home Hardware and No Frills. With the additional income and solid business interactivity the Shuswap Band acts as a self-governing community when engaging with municipal, provincial, and federal governments on matters within the Columbia Basin. I admire their leadership and forward thinking.

On a larger scale B.C.’s current Indigenous ownership jackpot recently affirmed by the Supreme Court makes for interesting times especially as Bands now see themselves as independent ‘Nations’ doing business with the Crown and others.

In November of 2019 the BC Provincial Government passed the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) into law. Tested in court DRIPA has created uncertainty around ownership and property rights leaving families, businesses, and municipalities unsure about who owns and governs British Columbia and under what rules. The DRIPA Act, passed unanimously, shifted decision-making regarding territorial rights and ownership to the courts.

Recent rulings like Gitxaała v. British Columbia held that B.C.’s mineral-claims regime is unlawful because tenure was granted without prior consultation, a finding with wide-reaching consequences that extend well beyond mining.

On a larger scale overlapping Indigenous land claims are being examined by Canada’s courts. ‘First Nations’ indulge in argument about territory at the expense of the Crown. While legal costs seem large, the legal industry amounts to a small part of Canada’s economy. Our total legal industry, which includes real estate and law and order apparently amounts to less than two per cent of our GDP.

However, such estimates do not include the cost of slow down and postponement that industries and governments absorb while waiting to move forward with infrastructure construction, resource delivery and sales.

All of us want to be confident regarding the validity of title so we can make lasting contractual agreements.

Indigenous ‘Nations’ show no interest in providing services or infrastructure for ‘immigrants’ or the offspring of immigrants who consider themselves residents and owners of property within their greater territories? Is it too soon to expect new ‘Nations’ to consider such an impossible weight and responsibility? Do we want our public services delivered by the slow-moving courts?

Within the context of the next-door gunboat diplomacy where powerful politicos and interests look on the wealth of other countries as their own, I suggest Canadians postpone domestic ‘Nation’ building and focus on our indivisible interests and the qualities that shape the character of our sovereignty.

– Peter Christensen is a Columbia Valley based writer and poet.

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