As Land Title Amendment Act works through Legislature, Skeena MLA provides history tutorial for members

Skeena MLA Ellis Ross delivered somewhat of a recent history tutorial for members of the British Columbia Legislature on Wednesday, speaking to the introduction of amendments to Provincial land Tile and Property Law legislation.

Bill 13 which was introduced earlier this week was noted by Minister Murray Rankin as being in step with the governments commitment to ensure that provincial laws are aligned with the United Nations Declarations of rights of Indigenous peoples. 

The main thrust of the legislation for the government that of establishment and management of the provincial government's land title system in that jurisdiction. 

It extends to all First Nations the ability to hold land in the name of First Nations, just as individuals and corporations can do and have been doing for generations in our province. The operative parts of this bill will amend the Property Law Act to make clear that First Nations may hold and dispose of land and will amend, in addition, the Land Title Act to address some of the administrative requirements of the land title office. 

This bill and these amendments to the Land Title Act and the Property Law Act are small, but they are vitally important steps on the path to a British Columbia that owns up to its history and its colonial past, a British Columbia that continuously strives to fulfil its promise to be a safe, fair, just and prosperous society for everyone, without discrimination. These amendments reflect our government's commitment to reconciliation and our commitment to ensure that no one faces discriminatory barriers to land ownership — something that should have been done long ago.

Mr. Ross is one off the BC United members taking the lead in the debate, with the Skeena MLA noting that the current government was moving forward as if they recently discovered gold, when the work on reconciliation issues dates much further back than when they took office.

It's an honour to speak to Bill 13, the Land Title and Property Law Amendment Act, 2024. And it's got specifically to relate to First Nations entities acquiring private property title. But listening to the speeches here — and I've said this before — it's like we're discovering something brand new here, in B.C., and it's going to be earth-shattering, groundbreaking, life-changing for First Nations, when in reality, it's not. 

I really want people just to understand the context of a nuanced piece of legislation like Bill 13 and where it fits in this idea of reconciliation that has been talked about for seven years — since I've been here, at least. 

But the problem with this conversation is that you're acting like it started in 2017.

 It didn't. True reconciliation started in 2004. And if members of this Legislative Assembly actually do your homework and read the Haida court case that came out in 2004 and look at the record of the federal government and the provincial government and First Nations that tried to breathe life into that decision and the results of it

More importantly, the results. 

We're talking about such a technical, legal mechanism right now that only politicians will understand — lawyers, consultants. I can tell you right now the average Aboriginal suffering under poverty, or under addictions or from unemployment doesn't care. 

As he has in the past, the Skeena MLA used his experience as a Haisla leader to highlight the progress that First Nations have made through their own work, in their own communities.

I'm a status Indian. I still live on reserve. My parents went to residence school, but everything I've said about reconciliation here and the Haida case and the success of my band has been ignored, like none of that ever happened. 

Can you imagine a band like mine, one of the poorest in B.C. in 2004, and then started to engage with industry and government, becoming one of the most successful bands, if not the most wealthiest band in B.C., by engaging with LNG development and pipelines and forestry and mining and acquiring property? 

Why does this facility not recognize that? Why do you think that you've just discovered gold for the first time? 

You haven't discovered anything. 

If anything, you've taken us back with this political discussion about UNDRIP and the new definition of reconciliation. 

It was the courts that defined reconciliation. Politicians have twisted that around. 

And what's sad about that is that the people that suffered unemployment, 70 to 80 to 90 percent unemployment across Canada, living in poverty — they're the ones that have to deal with it.

 Come to my community. Look at the low unemployment level. Look at the low welfare list. Look at the fact that there's no such thing as an alcoholic house party on our reserve anymore. 

Not because of government programs but because of a very progressive provincial government in 2004 and a very progressive First Nation that said, "We need a better future, and we've got to reconcile," as per the court's definition. Not the politician's definition. 

The definition of reconciliation meant that Crown title should be reconciled with Aboriginal title. There's got to be a way to coexist, even if it's just asserted title. 

And that was accomplished, and it wasn't just First Nations that benefited. The amount of money that came out of LNG Canada…. The pipeline, the facility and the soon-to-be tankers coming to Kitimat are going to contribute $28 billion to the B.C. coffers. 

People from all over B.C. and Canada came to be part of that project for employment and contracts. 

The way I'm hearing Bill 13 right now is that it's a cure for everything, and it's a great step to deconstruct the colonialism here in B.C. and Canada.

 It's not. I'm telling you right now: it's not. That's false. 

Even if you do pass this bill, which you…. It will pass. It's probably going to get unanimous consent. Everybody's going to vote in favour of this bill. 

But to say that you're going to get rid of a colonial construct? For a First Nation acquiring private land, with or without this bill, they'll still have to abide by B.C. and federal laws and regulations and taxes and liabilities. So come on. Let's be realistic here.

Ross noted of the challenges towards the LNG Canada including the opposition by the NDP at the time, as well as to note how the Haisla had handled their land issues from the current legislation process.

The legislation was in second reading yesterday, part of a volume of legislation that the NDP Government is looking to push forward before the end of the session and the unofficial launch of a 2024 election campaign through the summer an into the fall.

The governments work on land issues since the start of this year has made for some of the most controversial and most discussed themes to date.

As the Skeena MLA noted on Wednesday, some of the Provincial Government's work on Reconciliation and the implementation of UNDRIP has served to add additional work and suspicion for some towards the governments plans.

Reconciliation. I do agree with one thing. Reconciliation is a work-in-progress. But we've come so far. You think about that. We've come so far: 14 years of my life was spent on reconciling with B.C. and Canada. In my own opinion, everybody benefited. Everybody. 

So now to come back and talk about how we're going to start all over now, and we're going to talk about, maybe, UNDRIP, for example. How UNDRIP is going to deconstruct the colonialism. 

Well, we now know that UNDRIP, or DRIPA for that matter, is only an interpretive aid. It's not legally enforceable in B.C., and it's the NDP government that argued that in court, and they won. 

So now what do you do next? If you want to do something to deconstruct the colonialism that's happening in B.C., which we've already had a good head start on since 2004, Bill 13 is not going to do it.

Mr. Ross's full presentation to the Legislature can be reviewed through the Video Archive starting a 4:26 PM of the Wednesday afternoon session.

Not everyone agrees with the Skeena MLA's interpretation of the government's work on Reconciliation, the introduction of Bill 13 this week included the thoughts and opinions of a number of Regional First Nation's leaders towards how they view the legislation.  

More background from the Government, on the Scope of the amendments is available here, the main themes of what will or won't be impacted noted below:

You can review some of those past discussions through our archive page here.