Tag Archives: Chief Roland Willson

The Battle Over DRIPA & Land Claims

(The first in a series of articles about Indigenous consent, property rights and the future of DRIPA)

British Columbia is currently navigating a widening divide. On one side, the courts are handing down historic decisions affirming Indigenous rights. On the other, a growing wave of anxiety over private property and economic certainty. Today, we look at the fallout from the Gitxaala and Cowichan Tribes decisions—and the political battleground forming around the Declaration on the Rights of Indigenous Peoples Act (DRIPA). 

These are actually three separate topics: two court cases regarding the duty to consult before registering mining claims (Gitxaala versus British Columbia and the 2025 appeal); a court case regarding the Aboriginal title to an ancient village site that was sold out from beneath the Cowichan Tribes (Cowichan Tribes v. Canada); and DRIPA, the provincial legislative framework that formally adopts and implements the the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

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Why a highly anticipated Site C dam ‘mega trial’ isn’t happening right now

By Matt Simmons, The Narwhal, Local Journalism Initiative reporter

For those following the Site C dam project closely, March 14 was supposed to be a big day. After years of negotiations and court proceedings, a six-month “mega trial” was set to begin in B.C.’s Supreme Court to determine whether the $16 billion project — the most expensive dam in Canadian history — infringes on Treaty 8 Rights. 

Instead, representatives from West Moberly First Nations, who brought forward the case  against B.C., the federal Attorney General and BC Hydro, are having  “confidential discussions to seek to settle this litigation” outside of  court, according to a BC Hydro progress report submitted to the BC Utility Commission on March 31. 

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Impending Site C Megatrial

The West Moberly First Nation just released an important update about the failure of their negotiations with the BC Government. The Site C Megatrial will begin in March 2020.

August 27, 2019 – Moberly Lake BC, Treaty 8 Territory. Discussions between West Moberly First Nations and the Government of British Columbia to avoid litigation over the Site C dam have ended. The megadam must now face a 120-day trial to determine whether Treaty 8 rights have been infringed. 

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Feds Neglected Determining Whether Site C Violates Treaty 8

By Roy L Hales

One would have thought democratic governments have a duty to look after the interests of all their citizens, even First Nations. Canada’s current Prime Minister initially promised the indigenous population a new deal. Justin Trudeau is quick to offer bail outs to oil corporations like Kinder Morgan, but the Feds neglected determining whether Site C violates Treaty 8.

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Should the BC & Canadian Governments Honour Treaties?

By Roy L Hales

Premier John Horgan blamed the former Liberal Government last month, “They got to the point of no return … It wasn’t about public policy, it wasn’t about energy policy, it wasn’t about the best interests of British Columbians, it was about getting a project past the point of no return.” He approved the Site C Dam project anyway. In so doing, he joined the Canadian Government in sidestepping what may turn out to be the most crucial point in this debate. Should the BC & Canadian governments honour treaties?

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