Article content continued

Kinder Morgan’s pipeline expansion has provoked numerous lawsuits and major protests, including from First Nations who fear the impacts of a spill on their land or waters. However, the B.C. and federal governments have approved the project over their objections. Prime Minister Justin Trudeau has asserted that the government can approve the project without seeking or obtaining the consent of the potentially affected First Nations. That position is difficult to reconcile with his government’s endorsement of the UN Declaration.

Similarly, the Site C dam is opposed by some Treaty 8 First Nations because of environmental and cultural impacts and adverse effects on their treaty rights. Indeed, the project’s 2014 Joint Review Panel found it would “significantly affect the current use of land and resources for traditional purposes by Aboriginal peoples.” Some of the affected First Nations say they have not been properly consulted.

The extent to which the agreement between the NDP and Green party will transform B.C.’s relations with Indigenous peoples remains to be seen, but the previous government’s embarrassing disregard for their rights means there is only room for improvement.

So what might it look like for the Province to comply with the UN Declaration and the Supreme Court’s Tsilhqot’in decision?

First, the Province can do a much better job of consulting with Indigenous peoples early and regularly when their territory would be impacted by proposed projects such as large-scale energy developments. When a project like the Kinder Morgan pipeline crosses provincial boundaries, B.C. can insist that the federal government adequately consult with Indigenous peoples.