Fourth Session, 41st Parliament

(2019) OFFICIAL REPORT

OF DEBATES

(HANSARD)

Thursday, October 24, 2019

Morning Sitting

Issue No. 280

ISSN 1499-2175

The HTML transcript is provided for informational purposes only.

The PDF transcript remains the official digital version.

CONTENTS

Routine Business

Introduction and First Reading of

Bills

Bill 41 — Declaration on the Rights of Indigenous

Peoples Act

Hon. S. Fraser

Motions Without Notice

Addresses to House by First Nations leaders and

deferral of routine business

Hon. M. Farnworth

APPENDIX

Ceremony Regarding the Introduction of Bill 41 —

Declaration on the Rights of Indigenous Peoples Act

Hon. J. Horgan

A. Wilkinson

A. Olsen

E. John

C. Casimer

T. Teegee

S. Phillip

THURSDAY, OCTOBER 24, 2019

The House met at 10:07 a.m.

[Mr. Speaker in the chair.]

Mr. Speaker: Hon. Members, I ask you to rise as I invite Elder Shirley Alphonse of the

T’Sou-ke Nation to offer a blessing, followed by Elder Butch Dick of the

Songhees Nation to offer a land acknowledgment, followed by drumming by the

Lekwungen Traditional Dancers.

S. Alphonse: Good morning, everyone.

First of all, I want to say good morning to the Premier, Speaker and all

members. It’s truly an honour for me today to offer a prayer for our

people.

[T’Sou-ke was spoken.]

Creator, Great Spirit, we thank you for this new day as we gather this

morning with our leader, our elected members of British Columbia. Thank you for

each one here.

Thank you for this land we stand on, the air we breathe, the water we

drink, the blessing of Mother Earth providing for us.

Thank you for the mountains with forests.

[10:10 a.m.]

Thank you for the oceans, the rivers, the lakes.

Thank you for the water dwellers, the winged ones, the four-leggeds we

share our lands with.

Thank you for the sun, the moon, the stars; the rain and the wind. Thank

you for all these blessings.

Thank you for all nations of the world, of the black, red, yellow,

white.

Creator, Great Spirit, thank you for each one who walks with us, we who

are the First Peoples of the lands around the world.

Thank you for each one who supports us in preserving our rights,

preserving our language, preserving our culture, preserving our teachings of our

ancestors — teachings that keep in mind the lives of generations to come,

teachings of kindness from the heart, teaching of care and compassion toward one

another and toward Mother Earth.

Creator, Great Spirit, may we all make our journey a happy one, because we

are all here to walk each other home.

[T’Sou-ke was spoken.]

Butch Dick: [Lək̓ʷəŋin̓əŋ was spoken.]

Good morning, my friends and family. Thank you for the invitation to be

here this morning to help with this occasion.

I’m here representing not only my family, which is partially here, but

also the Songhees Nation and Chief Ron Sam and the council. I thank them for

this honour to be here.

I want to start off by acknowledging our Hereditary Chiefs that are in

this House today and also the elected Chiefs that are in this House today. We

thank them for all that they give to our nations always.

I would be remiss if I didn’t mention the ancestors and the Elders who

have gone to the other side. If it wasn’t for them being champions, we wouldn’t

be here today. We acknowledge that readily — that they have given us not only a

language to carry us on but also the teaching attached to the language and the

land that’s attached to that teaching.

We thank the ancestors for that — for their sustainability and their

resilience. We always lift up our hands and acknowledge those who are on the

other side and help and guide us through our daily lives, in how we walk in two

worlds.

Thank you for this honour. I’d like to do a paddle welcome

song.

First, I must acknowledge my late uncle, Ray Peters, who passed this song

along to us. He also said that we should sing it in a good way, with a good

heart and a good mind.

We hope, Uncle Ray, that I’m doing exactly that.

So Hay’sxw’qa si’em for being here this morning.

[Lək̓ʷəŋin̓əŋ was

sung.]

[10:15 a.m.]

Mr. Speaker: Members, please be seated.

Beth Dick: Good morning. My name is Beth. I’m from the Lekwungen Traditional Dancers

from the Songhees reserve, and we are blessed to have this opportunity to be

here with you this morning. I’m very excited and somewhat nervous, I will

admit.

We have Mikey with us. He is from the Esquimalt Nation.

We’re just going to do a quick song for you right now. It’s our prayer

song. This is a song that was given to us, also, by the late Ray Peters from

Duncan.

This is our prayer.

[Lək̓ʷəŋin̓əŋ was

sung.]

[10:20 a.m.]

Routine Business

Mr. Speaker: On behalf of all Members of the Legislative Assembly, I wish to extend a

very, very warm welcome to all of you who are joining us in the House

today.

Introduction and

First Reading of Bills

BILL 41 — DECLARATION ON THE

RIGHTS OF INDIGENOUS

PEOPLES ACT

Hon. S. Fraser presented a message from Her Honour the

Lieutenant-Governor: a bill intituled Declaration on the Rights of

Indigenous Peoples Act.

Hon. S. Fraser: I move that the bill be introduced and read a first time

now.

Today I am proud to introduce Bill 41, the Declaration on the

Rights of Indigenous Peoples Act. It’s like a dream.

[10:25 a.m.]

Our government is firmly committed to advancing reconciliation

with Indigenous peoples in this province. Every B.C. minister is

mandated with the implementation of the United Nations declaration on

the rights of Indigenous peoples and the Truth and Reconciliation

Commission’s calls to action.

The Truth and Reconciliation Commission called on all levels of

government to adopt the UN declaration on the rights of Indigenous

peoples as the framework for reconciliation. That is what this

legislation does. It is a commitment to respect, promote and advance the

rights of Indigenous peoples.

Indigenous peoples have suffered historic injustices as a result

of colonization and dispossession of their lands, their territories and

their resources. Meaningful reconciliation calls upon all of us to act

to address these wrongs so that we can build a brighter, more inclusive

and equitable future for everyone.

Through this legislation, we are recognizing the human rights of

Indigenous peoples in law. The legislation sees us bring provincial laws

into harmony with the UN declaration over time. It will see us develop

an action plan for how to meet the objectives of the UN declaration.

Developed in consultation and collaboration with Indigenous peoples,

with regular reporting on progress, this will provide transparency and

accountability for all the work ahead.

The legislation also creates room for decision-making

opportunities for Indigenous governments on matters that impact their

citizens. It creates flexibility for the province to make agreements

with more types of Indigenous governments, supporting self-determination

and self-government. The legislation will give us a path forward,

creating clarity and predictability for all people in British

Columbia.

By working together, we get better outcomes. That is how we create

opportunities for Indigenous peoples, for B.C. businesses, for

communities and for families everywhere.

I also want to talk briefly about the drafting of this bill. It

involved what may be an unprecedented process in British Columbia,

perhaps in all of Canada. The legislation was developed in collaboration

with Indigenous partners — the First Nations Leadership Council that’s

representing the B.C. Assembly of First Nations, the First Nations

Summit and the Union of B.C. Indian Chiefs.

I acknowledge them here in the Legislature with us today for this

momentous occasion: Regional Chief Terry Teegee, Grand Chief Stewart

Phillip, Cheryl Casimer, Chief Don Tom, Kúkwpi7 Judy Wilson, Robert

Phillips, Lydia Hwitsum. I thank them for their support in bringing this

important legislation to where we are today.

Many others who have worked to help bring this moment to us are in

the gallery and on the floor to bear witness. I’m proud that we have all

done this together. This is truly reconciliation in action.

I also want to acknowledge Grand Chief Ed John, who worked on the

development of the UN declaration itself. Ed is the Hereditary Chief of

the Tl’azt’en Nation in northern British Columbia. Ed, it took more than

20 years in the making, but look where it’s got us today.

I know that my speaking is a little longer than it’s supposed to

be, but this is no ordinary bill, and our proceedings today are

certainly extraordinary. I hope you’ll indulge me just a few moments

longer.

I want to finish off by saying that we believe that implementing

the UN declaration on the rights of Indigenous peoples will help us

continue to build a stronger British Columbia that includes everyone.

This is about ending discrimination, upholding human rights and ensuring

more economic justice and fairness.

We are at an important moment in history. This new law is a

critical step towards true and lasting reconciliation. If the

declaration on the rights of Indigenous peoples is passed, British

Columbia will be the first province to bring these internationally

recognized standards into provincial law.

I am proud that B.C. is a leader in Canada in advancing

reconciliation together with Indigenous peoples.

Let’s make history. [Applause.]

Mr. Speaker: Members, the question is first reading of the bill.

Motion approved.

Hon. S. Fraser: I move that the bill be placed on the orders of the day for second

reading at the next sitting of the House after today.

Bill 41, Declaration on the Rights of Indigenous Peoples Act,

introduced, read a first time and ordered to be placed on orders of the day

for second reading at the next sitting of the House after today.

[10:30 a.m.]

Motions Without Notice

ADDRESSES TO HOUSE BY

FIRST NATIONS LEADERS

AND

DEFERRAL OF ROUTINE BUSINESS

Hon. M. Farnworth: By leave, I move:

[That the House suspend proceedings in order that Grand Chief Ed

John, Cheryl Casimer, Regional Chief Terry Teegee, and Grand Chief

Stewart Phillip may address the Legislative Assembly, and that the

addresses and statements by the Premier, the Leader of the Official

Opposition, and the Leader of the Third Party, or their designates, be

printed as an appendix to the Official Report of Debates of the

Legislative Assembly of today.

And further, that all remaining items of Routine Business, including

Statements by Members and Oral Question Period be deferred to the start

of the next sitting of the House.]

Leave granted.

Motion approved.

Mr. Speaker: This House stands recessed.

[See appendix.]

The House recessed from 10:31 a.m. to 11:44 a.m.

[Mr. Speaker in the chair.]

Hon. M. Farnworth: I would remind all members that there is now a reception in the

Hall of Honour, to which everyone is invited.

Hon. M. Farnworth moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourned until 1:30 this afternoon.

The House adjourned at 11:44 a.m.

APPENDIX

Mr. Speaker: Members, I invite Grand Chief Ed John, Cheryl Casimer, Regional Chief

Terry Teegee, and Grand Chief Stewart Phillip to take the distinguished seats in

the centre aisle.

Ceremony Regarding the Introduction

of Bill 41 — Declaration on the

Rights of Indigenous Peoples Act

Hon. J. Horgan: I want to thank Elder Shirley Alphonse, for getting us started in a

good way, and Elder Butch Dick, for his welcoming to the territory of the

Songhees and Esquimalt First Nations. To the Songhees dancers, thank you so

much; and to Christina and, most importantly, little Skye, to be here to

remind us of exactly why we’re doing this.

It is truly a great honour to stand in this chamber alongside

Indigenous leaders, Elders and peoples as we introduce a bill together. For

those on the floor, for those in the chamber witnessing this historic

moment, it comes with enormous emotions for everyone in this

chamber.

I’m grateful to work in the territory of the

Lək̓ʷəŋin̓əŋ-​speaking peoples,

the Songhees and the Esquimalt nations, and to represent in this Legislature

the T’Souke and Pacheedaht First Nations.

I’m humbled to be part of a government that is working in partnership

with Indigenous peoples, and I’m deter­mined to walk a path of

reconciliation and find a way forward together.

[10:35 a.m.]

B.C. is the first province to put in place the declaration on the

rights of Indigenous peoples, to bring the UN declaration into

law.

This bill is critically important because Indigenous rights are human

rights. We all want to live in a province where the standard of living for

Indigenous peoples is the same as for every other community in the province.

We all want to live in a province where no Indigenous children are in the

care of government. Instead, we want to live where there are record numbers

of Indigenous students graduating from high school and participating in

post-secondary training.

This legislation is a real catalyst for significant change. It’s a

forward-looking and collaborative document, and it will help us end

discrimination and create opportunities for Indigenous peoples, families,

communities and businesses. I want to acknowledge the partnerships that got

us here. This legislation would not have happened were it not for the

leadership of the Union of B.C. Indian Chiefs, the First Nations Summit and

the Assembly of First Nations, B.C. branch.

We have taken a great step forward today. The patience and

advo­cacy of Indigenous leaders, whether it be the First Nations

Leadership Council or those represented in the House today and, indeed,

across British Columbia…. Their patience, their tolerance and their

perseverance and advocacy is not for more than anyone else has but for the

same as everyone else has, not to take rights away from people but to share

in the abundance and bounty of the lands that they have populated for time

immemorial.

I want to give special thanks to Grand Chief Ed John, who was

instrumental in developing the declaration. He’s in the chamber with us

today, and I am so proud of the work that he has done. He invited me to

visit Tl’azt’en, and I did so. I saw the hope in that community, the hope in

Nak’azdli, the hope in Takla and in the territories of the Indigenous

peoples in the interior of British Columbia. There was no animosity. There

were no recriminations, just a hand out and an offer of friendship and

guidance going forward.

Today, as an institution, this parliament is saying to British

Columbians, to Canadians and indeed to the world that we live here together.

We can have a better future than our past. Only going forward, looking at

the advantages of collective decision-making and collaboration will we be

able to realize our full potential as individuals, as a community and as a

province.

I’d like to also acknowledge the support of the Green Party caucus and

recognize that we put together a confidence and supply agreement that

focused on this very issue. I want to pay tribute to those successive

ministers and successive governments here in this chamber who have tried to

make progress — sometimes positive, sometimes negative, but all with a focus

on trying to find genuine reconciliation.

Whether it was in the 1970s, the 1980s, the 1990s, at the turn of the

century or here today, none of us are perfect. None of us know the way

forward. But I believe we’ve made progress today because we did not say to

Indigenous communities: “How can we help you?” Indigenous communities said

to us: “This is how we can move forward together.” I’m eternally grateful to

the leadership council and to all of those — all of those — who have

participated in the creation of this law and in the creation of a positive

future for our children and their grandchildren.

The road travelled to get here has been filled with confrontation,

litigation and negotiation. History is littered with words that were not

followed up with actions. Our future, as I said, must be better than our

past. The only way that that will happen is if we work forward in harmony

and collaboration, with a focus on lifting all British Columbians, wherever

they live, whatever their background.

I want to acknowledge the Minister of Advanced Education, who I have,

on many occasions, acknowledged as the first Nations woman to take a cabinet

seat in the province of British Columbia, and also for creating Canada’s

first Indigenous law program at the University of Victoria — again,

fulfilling one of the calls to action of the Truth and Reconciliation

Commission.

I want to also say that this legislation follows on work we have

already done with respect to child welfare legislation, allowing us to work

together with the Cowichan, the Wet’suwet’en and the Secwépemc in harmony

and in consultation with what’s best for the children and their communities,

what’s best for their communities and their region and, indeed, at the end

of the day, what’s best for our prov­ince and our future.

[10:40 a.m.]

We worked with Indigenous groups to revitalize our environmental

assessment process, ensuring that Indigenous rights, interests and

ecological knowledge is respected, and we are working with Indigenous

communities to help build affordable housing on and off reserve. It’s our

view, and I believe it’s the view of all British Columbians, that although

we have jurisdictional differences in this country, it’s the strength of our

federation. It is also sometimes our greatest weakness. We believe, on this

side of the House — and I know we’re supported by all members of this House

— that we need to lift all British Columbians.

Although jurisdictional divides are important — and I don’t want to

pay any disrespect to the Attorney General, who holds the Great Seal — I

believe that in working together in common sense and in harmony, we will

achieve what we all want to see right across this great province.

I also want to finally acknowledge Grand Chief Stewart Phillip, who

taught me very early on that although I held fast to old practices and old

ways — which, at the time, were groundbreaking and, at the time, I felt were

in the best interests of British Columbia…. He reminded me that time goes on

and the river of public policy has ebbs and flows. As he said so famously,

and I have to quote this: “Reconciliation is not for wimps.”

You, sir, are not a wimp.

This is a process of shared responsibility, and each and every person

carries that responsibility forward. Reconciliation does not end today with

a single event; it begins yet another journey. But we need to take that

journey together. We need to sustain this extraordinary place that we are

all proud to call home, the best part of a spectacular country.

I am so proud to be here today, with every single member of this

House, acknowledging rights and title have always existed and working

together. The province of British Columbia will be stronger tomorrow than it

is today, and our future is as bright as it can possibly be.

Hay’sxw’qa. [Applause.]

A. Wilkinson: As we stand here today on the traditional territory of the Esquimalt

and Songhees First Nations, we’re all on the journey. Some people have

travelled here a long way for this momentous day, and we thank them for

making that trip, because this is very much a journey we’re all doing

together.

As elected officials, we commit ourselves to building a future full of

opportunity and prosperity for everyone in British Columbia. Every British

Columbian deserves the opportunity to meet their full potential. We know

that education enables opportunity, and that’s why every government in this

province invests heavily in higher education. We know that our natural

environment must be protected for future generations and is part and parcel

of our mutual responsibility for the success of our communities.

British Columbia has been blessed with the people and the resources to

build and maintain our strong and sustainable natural resource sector. We

all know that sustainable resource development is essential to our

prosperity.

The United Nations declaration on the rights of Indigenous peoples is

built on the concept of supporting rights, freedoms, dignity and quality of

life for Indigenous peoples. Those same ideas apply right here in British

Columbia. We are all committed to working together towards true

reconciliation for all Indigenous peoples in every part of this great

province.

Meaningful reconciliation includes continuing to close the gaps that

remain — in education, in employment and in health. This work started more

than 20 years and continues to this day. It is work that we are all

committed to, that we all support and that we will all take action

upon.

Partnerships are essential to reconciliation. Economic partnerships,

revenue-sharing and building opportunity for all British Columbians will be

critical to our future. We all know that

section 35 of the 1982 federal

Constitution Act protects and respects Indigenous and treaty rights and has

led to the well-established duty to consult and accommodate Indigenous

communities.

Meaningful engagement with Indigenous communities is what our party

has been very committed to for the past 20 years. By 2017, we had signed

more than 500 agreements with First Nations across this great

province.

[10:45 a.m.]

Those agreements were signed with nearly all of the more than 200

First Nations in British Columbia, ensuring understanding and recognition of

the needs and values of each community. They’re built upon mutual respect,

because they’re based on the foundation of dignity that is owed to everyone

in this great province.

Questions will arise. This process of change, reconciliation and a

modern approach to engaging with Indigenous peoples will generate many

questions, as everyone involved needs certainty. Those questions will

include such things as: what about grazing rights for cattle on Crown land?

How do we manage parks and the use of B.C.’s massive back country? Will the

forest industry need to make adaptations and accommodations, and what will

they be? How will mining activity be affected? These questions will be posed

to the government of the day as each election cycle comes and

goes.

As a society, we’ll need to address them, respecting the needs, hopes

and dreams of everyone involved — most especially, the peoples in all of our

communities, because that is respectful engagement, and that is the

foundation of reconciliation. The reward will be opportunity for everyone in

British Columbia, a chance to get ahead, to realize their dreams right here

in British Columbia. Everyone in this province must feel that sense of

belonging, that British Columbia is our home, that we’ll be respected here,

that we’ll all have a full sense of citizenship and that we’ll be treated

with respect and dignity each and every day.

That’s why I’m proud to stand here in this chamber and welcome an

opportunity for real, substantive reconciliation amongst all the people of

British Columbia. We have a long journey still to go, and we must continue

that journey in good faith together.

Hay’sxw’qa. [Applause.]

A. Olsen: HÍSW̱ḴE SIÁM.

[SENĆOŦEN was spoken.]

Thank you to the leaders who have spoken before me — the Elders, Mr.

Premier, the Leader of the Official Opposition; relatives from Songhees and

Esquimalt, our Lək̓ʷəŋin̓əŋ relatives;

our S¸ELELW̱ÁÁN , who are curious

about what’s going on in this building today, who have joined us and are

witnessing this. The little voice that’s sitting behind me, the little baby,

is going to only know a different world because of this.

My name is TSUNUP. I’m a proud

W̱SÁNEĆ from the

W̱JOȽEȽP village. I’m the son of

TSAYWESUT and Sylvia Olsen, the grandson of

ZIȻOT and TELQUILUM, and Don and

Phyllis Snobelen.

I’m honoured to rise and add my voice to this beautiful day. Indeed,

there have not been many days like this in the B.C. Legislature, or any

Legislature in this country, because few are the days when legislation has

been introduced to uphold the basic human rights of Indigenous people. Our

history is full of the opposite, full of examples of legislative

institutions passing laws to structure and impose colonial reality on

Indigenous peoples — laws that broke up Indigenous governments, took away

our children, prevented us from voting, stopped us from hiring lawyers and

protecting ourselves, imposed segregation upon us and implemented the

reserve system.

Today we are taking concrete steps to undo that legacy. The

implementation of the declaration on the rights of Indigenous peoples was a

priority of the B.C. Greens in the 2017 election. It’s a priority

articulated in the confidence and supply agreement with the B.C. NDP

government and a foundational piece of our relationship.

Today is a day that generations upon generations of First Nations

people in this province have fought to see happen, from the Chiefs of the

Interior tribes who petitioned the provincial and federal leaders in the

early 20th century with a true message of reconciliation to the peoples on

Vancouver Island — my

S¸ELELW̱ÁÁN , my ancestors —

who, when the Europeans began settling these lands in the 19th century,

signed treaties with James Douglas to ensure that our rights were

respected.

[10:50 a.m.]

From the Chiefs of the Interior tribes who petitioned the provincial

and federal leaders in the early 20th century with a true message of

reconciliation to the peoples on Vancouver Island, my

S¸ELELW̱ÁÁN , my

ancestors, who, when the Europeans began settling these lands in the 19th

century, signed treaties with James Douglas to ensure that our rights were

respected, to the waves of leaders who journeyed to Ottawa and Victoria and

made the case and fought for change, and to the matriarchs and the Elders,

the young and the old, who’ve kept our cultures vibrant and beautiful and

our languages alive, this is a day in honour of all of you, a testament to

your resilience, your wisdom, your

ĆȺ , your work.

As a kid of mixed heritage growing up on an Indian reserve, I’ve lived

the dysfunction of the relationships between my parts. For many years, I

wore this dysfunction on my face and on my body. It was always on my mind,

and it broke my spirit. This dysfunction brought on confusion and

depression.

The dysfunction of this place was my dysfunction — that is, until my

late grandmother, Laura Olsen, saved my life when she instilled in me a duty

and a sense of responsibility. She told me: “Grandson, you have a job to

do.” She em­powered me to build relationships. She inspired me to

build bridges across my diverse heritage. Shortly after that, I began my

life in public service.

So it is an honour, a deep honour, a humbling honour, to be standing

here in this place at this spot today, to be right here right now, at this

moment, this momentous occasion. However, like the many steps on this path

to reconciliation, this legislation does not result in greater justice

overnight. This is the hard work ahead of us. But this bill puts us on a

good heading, and the tides are in our favour.

In order for us to get to our destination in a good way, we have to

pay deep respect to the water and to the wind. We have to take our seat in

that grand canoe and commit to paddling together, commit to pulling in the

same direction. That is the work of every one of us in this

place.

I thank everyone who has made this day happen, and I look forward to

working with all the members of this place and the Indigenous leaders and

their communities to ensure we get to our good destination.

HÍSW̱ḴE SIÁM.

[Applause.]

E. John: [Dakelh was spoken.]

What an amazing day today is. I’d like to thank you for inviting us to

this House and to share a few words with you. Thank you to our Speaker here,

or maybe yours. Well, he is our Speaker, all of us.

I would like to thank our Elder for the prayer, our drummers for their

beautiful prayer song and the dancers who helped clean this floor, to sweep

it so that we can stand here with dignity, to stand on the floor that they

blessed, knowing that we are standing here with the dignity of our people

intact to speak with you who are government and those of you who are in the

opposition.

I want to acknowledge our Chiefs who are here, our young people who

are here, coming from many different parts of the province. Thank you for

being here, and thank you for inviting them to be here to witness

this.

I want to acknowledge our dear sister Jody Wilson-Raybould, who was

recently re-elected, for the tremendous work that you’ve done on our

behalf.

I want to acknowledge the author of Bill C-262, the federal bill on

the UN declaration, Romeo Saganash, and a new woman MP from Winnipeg Centre,

Leah Gazan.

[10:55 a.m.]

[Dakelh was spoken.]

In my language, in Dakelh teachings, we’re reminded that in autumn,

when the leaves are dying on the branches which gave them life and they

brighten up our world, we remember our ancestors. We remember the

difficulties which lie ahead as we prepare for the harsh winter days, and we

acknowledge and thank them. We remember, also, that we are connected as one

to our lands and everything on them — that which feeds us, clothes us and

warms us.

We recall our love for and our responsibilities to our children and to

the many generations who will come behind us. We are reminded to live our

lives with joy and gratitude in our hearts each day. This is the teaching

that comes to us at this time of the year as we look at the beautiful trees

outside.

Once I shared time with you in this big House as the minister

responsible for all of our children, our families and communities. We

acknowledge the important work each of you do in this House and for your

responsibilities to all people. We thank you.

However, in the past, this House, while it provided hope for many

newcomers to this land, also created terrible injustices for our people —

the original peoples, the many Indigenous nations on this incredible land,

Indigenous peoples with many diverse languages, cultures, traditions and

ways of life.

The traditionally held lands and owned lands and territories and

resources of the respective Indigenous peoples and nations were taken, on

behalf of the Crown, without our ancestors’ knowledge or agreement. This

started with the assertion of Crown sovereignty in 1846. James Douglas, the

first governor of the colony of B.C., issued a proclamation on February 15,

1859, declaring all Indigenous lands were now Crown lands. That became a

continuing source of injustice for our peoples.

Our traditional ways and spiritual practices were criminalized. Our

children were removed from our homes, families, communities, foods,

cultures, spirituality and lands and brought to Indian residential schools

to be civilized and Christianized. I, along with both of my parents and

several of my siblings, am among the thousands of children who were

removed.

Canada’s Truth and Reconciliation Commission, in its amazing report

released in 2015, concluded that these actions amounted to cultural

genocide. The colonial doctrine of discovery and the notions of superiority

of the early settlers were the rationale for discriminatory Crown policies.

These are now thoroughly discredited and rejected in the UN declaration on

the rights of Indigenous peoples. Every day we continue to live with the

Crown’s legacies of its colonial past.

We have no voice in this House. Today, as we have many times, we come

here as your guests. Perhaps the province can take a look at how the Maori

voice is recognized and included in New Zealand’s democratic

structure.

Starting in the 1920s, Indigenous peoples have been going to the

League of Nations and then to the United Nations after 1948 to tell our

stories of marginalization, dispossession and injustice.

[11:00 a.m.]

On September 13, 2007, after a long period of some 25 years, the

critically important human rights standards contained in the United Nations

declaration on the rights of Indigenous peoples were adopted by the General

Assembly. The United Nations declared that the rights in the declaration are

minimum standards for the survival, dignity and well-being of Indigenous

peoples around the world, including here in Canada, in British

Columbia.

This year, 2019, is the International Year of Indigenous Languages. In

this province, every one of our languages is endangered. We’re in the

process of rebuilding and revitalizing, and we ask for your help in this

regard.

Amazing work is being done in many of our communities. I want to thank

the province for putting forward some resources to our people to make sure

that we’re able to do that work.

Indigenous resilience — our Indigenous resilience — brings us to this

House today. We are here with our dignity intact. We continue to seek

justice in our time. We stand with you in the anteroom of justice. No one

should fear justice. Rather, we should embrace it, cherish it and nurture

it, because now we share this land, as the Leader of the Opposition so

eloquently stated, and we’ll live together as neighbours and families, as

the Premier acknowledged.

In this big House, this one here, we have responsibilities for our

collective futures, and we should stand together for our respective and

collective dignity and well-being. No one should have any fear of Indigenous

peoples because we’ve been on that dark side. We know what it’s like, that

uncertainty that we faced over the course of this province’s entire

history.

The legislation to be introduced today recognizes and adopts the

declaration as an important foundation for a balanced human rights–based

framework for recognition, restitution, redress, revitalization and

reconciliation. In this regard, we recall the reconciliation ring placed on

this House’s Black Rod by Prince William. Because it has significance for

us, we expect it will have significance for you. It cannot be simply

symbolic. It is an important symbol of our relationship.

We’re truly hopeful. After your discussion and answers to the many

questions that you raise — which is the correct way to deal with these

issues, to ask the questions and to provide the answers so that there’s

comfort in this province that what is going on and what is happening here is

the right thing to do to bring justice to these issues — at the end of the

day, we hope that you will adopt this bill unanimously.

Where you require our assistance, we will be here. I’ve worked with

all of you on both sides of this House on many different occasions, whether

it was in government…. We’ve been down this road on reconciliation and

recognition. Efforts in the past with a previous Premier did not

materialize. But here we have this momentous occasion.

In this regard, I honestly want to say, from the bottom of my heart,

to the government and to the Premier, for taking this initiative and

bringing it forward through your minister, Scott Fraser: what an important

development it is.

I want to acknowledge and call on our Indigenous parliamentarians who

are here — Minister Melanie Mark; Mr. Olsen; our Finance Minister, Carole

James; our Liberal MLA from the Kitimat area, Ellis Ross — to help lead this

effort, to answer the questions that are needed so importantly, because it

is in our collective interest.

This jurisdiction will be the first one across this country to adopt

legislation like this and one of the few jurisdictions around the world

which will have legislation such as this. I call on you to be brave. Change

does require courage.

[11:05 a.m.]

[Dakelh was spoken.]

Thank you very much. [Applause.]

C. Casimer: [Ktunaxa was spoken.] I’m very happy to be here.

I’d like to start off by acknowledging the Esquimalt and Songhees

First Nations on whose unceded traditional territory we are

today.

Premier, Ministers, Members of the Legislative Assembly, Chiefs,

Hereditary Chiefs, leaders, friends, thank you for being here with us on

this very important day. I’d also like to acknowledge Elder Shirley Alphonse

for the prayer and to Elder Dick for the wonderful song and to the dancers

who helped us get started off and grounded in culture.

Today is an important day for British Columbia. Regardless of any

party status, it’s an important day for all citizens and, in particular, for

the First Peoples of this land — the Indigenous Nations who have been here

since before European contact and Confederation. I’m honoured to be here to

speak to you on this historic day.

The relationship between the Crown in Right of British Columbia and

First Nations is one that has been mired in racism, denial and, therefore,

conflict and adversity. The provincial government has a long history of

denying the very existence of Indigenous peoples of this land and of our

rights. This denial is reflected and deeply embedded in laws enacted by the

government and the corresponding policies and practices in its daily

business of the province. As a result, our relationship has developed

primarily in the courts, where First Nations have sought to be recognized

and to protect their rights by challenging these denial-based laws and

policies.

Today, however, the province of British Columbia is working with us in

turning the page of our collective history and embarking down a new era and

a path for building a respectful and modern government-to-government

relationship, a relationship built on recognition, respect, cooperation and

partnership.

This work didn’t just start today. We have been doing this work for

many, many decades. As I turn to the party of the opposition and I see John

Rustad, I remember the days of us sitting at the table, working on this very

work through the commitment document. The commitment document we have today

has action item 1 as what we’re doing here today, in terms of implementing

the United Nations declaration on the rights of Indigenous peoples. Although

we weren’t able to get far back in 2015, we are now doing what we set out to

do with the existing government.

Today the province of British Columbia has taken an important step to

enact a law recognizing the human rights of Indigenous peoples. And it’s

about time. The province of British Columbia is finally recognizing that we

do, indeed, exist as peoples — peoples with long and unique histories,

peoples with deep connections to our territories, peoples with inherent

jurisdiction and governing authority, peoples with the right to determine

for ourselves what is best for our respective communities and

territories.

The United Nations declaration on the rights of Indigenous peoples is

an international instrument that was deve­loped over a decade ago by

nation-states and Indigenous peoples from around the world. It was a

response to the effects of colonization and developments being experienced

around the world by Indigenous peoples whose basic rights were being

impacted without their consent.

[11:10 a.m.]

The UN declaration, adopted by the General Assembly of the United

Nations on September 13, 2007, was endorsed by Canada without qualification

in 2016. The declaration very simply sets out the minimum standards for the

survival, dignity and well-being of Indigenous peoples. They are the minimum

requirements to ensure that Indigenous peoples’ basic human rights are

respected and upheld.

These are the same kinds of human rights that Canadians uphold and

deeply value. In an Indigenous context, reflective of our unique cultures,

histories and experiences, they include foundational rights of

self-determination, self-government and land and resource rights.

The Truth and Reconciliation Commission of Canada, which shone a light

on the legacy of colonialism in this country, stated very clearly that the

UN declaration is our “framework for reconciliation.” The commission called

on all governments to take active measures to implement it, and I’d like to

take the opportunity to recognize Romeo, who introduced the private member’s

bill, 262, and worked hard to try to get it passed not too long

ago.

This represents a very special moment in our shared history in British

Columbia. The province is formally recognizing that Indigenous peoples were

here first and renouncing the doctrines of discovery and terra

nullius .

Our shared commitment to implement the UN declaration calls for a

transformative change in the government’s relationship with Indigenous

peoples. This law is a key step to that transformation. The shift to a human

rights foundation and approach to reconciliation will foster greater

understanding and more harmonious relations among Indigenous peoples and

other British Columbians.

It will support a new modernized relationship between our governments

and allow for innovative agreements and decision-making that bring together

the strengths of our respective systems and laws. It will allow us to take a

partnership approach to building a robust economy around the province that

benefits everyone and will support our Indigenous institutions to do their

important day-to-day work, improving the daily conditions and the quality of

life of our families and communities.

In 2018, we committed to jointly design, construct and implement a

principled, pragmatic and organized approach to reconciliation in British

Columbia. Today we are pleased to attend here in the Legislature to bear

witness to the province of British Columbia acting on its commitment to

implement legislation bringing the UN declaration into provincial law. Do

you hear it? The sky did not fall.

This legislation is a critically important platform from which we can

and will work together through a focused action plan to improve the lives of

our citizens, foster a range of partnerships and bring reconciliation to the

forefront of our society.

In closing, I bring your attention to this medallion that I’m wearing.

It is decades old, and it belongs to an Elder from my nation who is no

longer with us. She was a very strong warrior woman. In all the years that

I’d known her, right up until the day she passed, she was always fighting

for our rights.

Any time a member of government would come to our community to talk to

us, despite the fact whether they had any decision-making authority or

whatsoever — it didn’t matter to her — her question to them was, “Where is

my salmon?” first and foremost, because we no longer have salmon in the

Ktunaxa territory. Secondly: “Where is my bill of sale?”

Sadly, she’s not here with us, but she’s here with me in spirit, along

with all of the other ancestors and Elders who have passed on, breathing

their last breath and making sure that we find our rightful place here in

this province and here in this country.

[11:15 a.m.]

What we are doing today may not necessarily be for the Elders that

have moved on but for that child that was here with us and all the young

people that are here and in this province so that our children, our

grandchildren and our great-grandchildren can grow up in a peaceful,

harmonious province, and we can all flourish and all prosper together.

[Applause.]

T. Teegee: [Dakelh was spoken.]

First of all, I just want to acknowledge the territory of the Songhees

and Esquimalt people and say thank you to Shirley Alphonse for the prayer,

and to the songs this morning. [Dakelh was spoken].

I also want to acknowledge Premier Horgan, Minister Fraser and this

Green Party–NDP coalition government for their leadership, vision and

honouring their word to further reconciliation with First Nations of British

Columbia. I also want to acknowledge the Leader of the Opposition for the

good words. We are all in this together.

I just want to reflect on the significance of the United Nations

declaration on the rights of Indigenous peoples. Today we make history. We

are the only common-law jurisdiction in the world to develop legally binding

legislation committing to making the United Nations declaration for

Indigenous people as applicable law.

This law will silence the debate that the United Nations declaration

is about not merely aspirational international principles. Rather, it will

be applicable. Today and from this day forward, all articles of the United

Nations declaration will be applicable. Dead will be the concepts such as

terra nullius , doctrine of discovery and Crown paramountcy.

Rather, we come to this table and to this House as equals.

To make history is not for the faint of heart. It takes courage. And I

know this government and our peoples in this place we call British Columbia

have that courage to deliver.

I just want to reflect on the debate of consent versus veto. To bring

this to a hard point, some people will oppose this law because of their

fears of what an era of mutual consent means. There is fear in the idea of

sharing power and jurisdiction. I want to say strongly and clearly here that

this declaration law is not about providing any government with veto

rights.

Let’s be clear. Consent is about agreement. Consent is a process to

achieving and maintaining agreement. Consent is about sharing and respecting

our laws as equals and as partners. Consent is the trend of our court cases.

Consent is the future, and most simply put, it’s about coming together as

governments, as people seeking to find common ground.

[11:20 a.m.]

Although consultation law has empowered many First Nations in B.C., it

has done little to create legal certainty. Too often the Crown still does

not engage in good-faith consultation and negotiation, and First Nations are

still turning to the courts to resolve these issues.

The greatest uncertainty for project development that hinders the B.C.

economy is not knowing if approval has consent of the affected First

Nations. Laws that are co-developed where consent is the aim of all First

Nations–​Crown engagement, where there are realistic and constructive

mechanisms for consent being achieved, will deliver economic and legal

certainty and predictability in this province. Best practices in B.C. are

championed by First Nations, governments and industry achieving

consent.

The goal of any party that sits down at a government-to-government

table, at an impact-and-benefits agreement negotiation, is to find common

ground and agreement. It is not uncommon for business norms to precede and

lead the law. It’s the codification of the consent business norm into law

that will ensure economic and legal certainty and predictability as a legacy

of this government and our peoples in this time.

I also want to acknowledge some of you in this room that have sat

across the table in our negotiations.

Mr. Coleman, we’ve sat and debated.

Premier Horgan, the many years ago — 15 years, 14 years — when you

were just elected as an MLA.

Shane, Doug, Minister Fraser, when we were fighting for a lake that

had been proposed to be converted into a tailings pond. We’ve come a long

way since 2007, when we really realized that the lake would be

saved.

It’s not without the work of those that are gone now, those that have

passed on. We need to acknowledge, as First Nations, that the reason we are

here is because of them.

It’s also those that continue to fight in our territory, my territory,

the Tl’azt’en and Saik’uz, who are in the Supreme Court of British Columbia

right now. And it’s those that ran for office in our recent election for

Members of Parliament, some who have won and will continue to fight. It’s

those that have fought in the past and those that have put their names

forward, whether it’s Members of Parliament or Members of the Legislative

Assembly.

As Indigenous people, in my culture, we go to the big house, the

potlatch house — and here, on the Island, the big House — and we discuss and

debate law, very similar to our Indigenous people. We talk about law in our

territories. This is the significance of this day: to acknowledge that law

of the potlatch house, of the big house, that when we come here as

Indigenous people, we respect each other and debate and talk. It’s not

merely for us of today. As I look up to some of the youth that are here, it

is for them, and it’s for those that are unborn.

[11:25 a.m.]

I also want to acknowledge the brave, bold step to move to this law

and to this legislation. It’s incumbent on everybody in this room,

regardless of political stripes, to enact this law to its fullest

extent.

To all those in the gallery, Indigenous brothers and sisters, it’s our

responsibility to breathe life into this law. In my speech, I say:

“Reconciliation, sovereignty, self-determination.” They’re merely words on a

piece of paper. However, now that there is legislation passed, we will

breathe life into this declaration. It’s all our responsibility.

I want to thank you all for bearing witness today — bearing witness to

this significant time in our history.

Thank you. Musi cho. [Applause.]

S. Phillip: [Nsyilxcən was spoken.]

I would like to begin, as usual, by acknowledging the Songhees and the

Esquimalt peoples.

I would like to offer greetings to our dear Premier Horgan, Mr.

Wilkinson and Mr. Olsen. I would like to thank the House for this incredible

opportunity to bear witness to the passing of this law.

The last several days, the last few hours, the sleepless night I had

last night…. You know, I still can’t wrap my mind around this — that this is

actually taking place. Even up to the Regional Chief’s remarks, I’m sitting

there thinking: “The next leadership council meeting I go to, I’m going to

say that I had the most incredible dream last night. I dreamt we were all in

the Legislature.” It’s absolutely incredible. It’s beyond words.

I want to acknowledge my beautiful wife, Joan Phillip, up there. As

many of you know, Joan ran for the Central Okanagan-Similkameen-Nicola. Mr.

Albas had a projected 98 percent chance of winning the riding. Needless to

say, he did, but I just want to commend Joan for getting in the

ring.

Of course, I want to acknowledge J.W.R., Jody Wilson-Raybould, up

there. She’s very much part of this story and has dedicated her life’s work

to reconciliation and to changing the laws of this country at the federal

level. Let me pause and say we all know that story — about what took

place.

I want to acknowledge Romeo and Leah up there.

I want to thank my colleagues for their well-considered remarks. I

know that they probably stayed up all night rewriting and rewriting their

remarks. That’s not what I do. I just simply ask Joan in the morning: “What

should I say?”

[11:30 a.m.]

There’s not really a lot left to say. I would like to acknowledge all

of those wonderful souls that were part of this story for the last 160

years. I want to thank Grand Chief Ed John for reminding us of our history

and what took place in terms of the early beginnings of British Columbia as

a colony and later as the province, and all of the evolution of the laws and

legislation in this province and the impact it had on all of us.

I believe that we are at a point in our history that we begin to

realize that as our Regional Chief said, we are indeed in this together, in

every sense of the word. What we have relied on for so many decades, in

terms of governing, just is not working. I think the last federal election

was a prime example. I think archaic institutions and practices need to

change. That’s what we’re witnessing.

More and more of our people are beginning to engage in the political

process and allowing their names to stand provincially or federally. That

was unthinkable 20 years ago. Yet now our people are beginning to realize we

are in this together. We need to be part of the institutions that determine

the well-being of our families and our communities. I think that’s very

positive, a very positive development.

Among other things, I’m a marriage commissioner. I’ve done dozens of

marriages. The marriage ceremony is very sacred. All the families get

together to bear witness. In reality, what a marriage is, is a statement of

good intentions. It’s a vow. It’s a commitment to both parties on how they

are going to build a life together. There are no guarantees, but it’s

because they understand that that choice is the absolute best choice for

them and their partner. They commit day by day to do their utmost to build

that life, to lift both of the parties up. I stand in front of the couples,

and I say those words. That’s what’s happening here. I think that that’s

what we need to do day by day.

In the beginning, Joan and I…. We’ve been together 43 years. We’ve

been married for 35. I can tell you that in the beginning, it was rough. It

was really rough. Those of you that know Joan…. She’s got her own mind. I

found out the hard way. But nonetheless, we managed to work through our

issues, and we have the most incredibly beautiful life one could imagine.

I’m so blessed to have somebody like Joan. I wouldn’t be standing here if it

wasn’t for her.

The same applies to the parties in this House. We have to walk away

from old ways, some old attitudes, and so on and so forth. It’s not easy to

do, because we’re so deeply steeped in those attitudes and notions of each

other.

[11:35 a.m.]

Whether it’s across the floor or whether it’s an issue of race, we

have to simply just turn our backs on that and walk away. We need to begin

to know and understand our responsibilities to the land and to our

constituents as a collective responsibility. It’s not on one side of the

House or the other. It’s collective. What you see behind us is the

leadership council, which was a phenomenal, amazing development, because we

were so deeply divided 14 years ago, 15 years ago, yet we knew we had to

come together. We knew we had to leave behind our petty differences and our

ideological differences, and so on and so forth.

We have committed to work together, a very simple agreement. Three

provisions: respect our unique mandates; work on issues of mutual and common

concern; and in the event we have irreconcilable differences, that we agree

to walk away from each other. I’m so proud to say that after 14 years, we’re

still together, which has provided the space for what’s going on here today.

It never would have been possible if we had not got off our high horses and

decided we need to walk together.

I pray that this House understands the gravity of what we’re doing

here today and knows that the future of our grandchildren and of that little

child that’s here depends on how well we do that.

We’re all veterans in this House. We’ve been in the trenches most of

our lives. Now we have to look at each other differently.

You know, there are so many challenges with the climate crisis, the

opioid crisis, homelessness, missing and murdered Indigenous women and

girls, economic marginalization. The list goes on and on and on. It’s time

for us to put our gifts together and to begin to work together as true

partners, to be able to look after the land and the people. That’s what we

all stood for office to do. We can’t do it divided. I’m so proud of Premier

Horgan taking that bold leadership step here in British Columbia.

I want to remind everybody in the House that there was a very serious

federal initiative that was moving forward under Prime Minister Trudeau in

terms of the recognition and implementation framework. Prime Minister

Trudeau made a commitment in the early days of the election. He said he

would pick that up after the election, in the event they got re-elected, and

they would sponsor it as a government bill — what was C-262.

It’s inevitable, what we’re doing here today, and we just simply need

to get on with it. We need to be genuine. We need to be sincere and walk

away from those wonderful, cynical personalities we’ve developed over the

space of time.

You know, Joan and I have 15 grandchildren. The future of our

grandchildren and your grandchildren depends on British Columbia, here

represented in the House, coming together in a very real way, not just

words, as the Regional Chief has stated. So I’m praying.

[11:40 a.m.]

I’m so grateful I’m still here to witness what’s going on here today,

because I’ve had health issues over the last number of years, right? I’m

deeply touched by what’s happening here. There are going to be all kinds of

challenges, but I know in my heart of hearts that with good hearts, we’ll be

able to overcome those challenges and lift each other up.

[Nsyilxcən was spoken.]

[Applause.]

Mr. Speaker: On behalf of all members of the Legislative Assembly, please accept

our very sincere appreciation for your addressing this House today. We have

been profoundly honoured to welcome you here.

I invite the drummers to join in leading the procession.

The Official Report of Debates ( Hansard ) and webcasts of

proceedings

are available on the Internet. Chamber debates are broadcast on

television.

Copyright © 2019: British Columbia

Hansard Services, Victoria, British Columbia, Canada