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Juno News
- August 13, 2025
PRIVATE property now INDIGENOUS land? B.C. Conservative Leader John Rustad responds
Episode Stats
Length
28 minutes
Words per Minute
186.72574
Word Count
5,366
Sentence Count
279
Misogynist Sentences
2
Hate Speech Sentences
6
Summary
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Transcript
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Misogyny classification is done with
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Hate speech classification is done with
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.
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Hi, I'm Candace Malcolm, and this is the Candace Malcolm Show. We have a great episode for you
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today, folks. We are joined by John Rudsett, leader of the BC Conservatives, in just a minute.
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And also, this episode is sponsored by Unsmoke, but more on them a little later. I want to start
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by talking about an issue in the news, and I'm going to bring this up with John in a moment,
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and that is a bombshell judgment that was released by BC's Supreme Court. So you might
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have seen Carolyn Elliott on X posting on Friday, bombshell judgment released by BC's Supreme Court
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declaring Aboriginal title over land enrichment, including private property. If it stands,
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it has massive implications for private property across BC. She says, read for it for yourself.
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I'm going to read a little bit from a Globe and Mail report. The headline says,
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major land claims ruling, says BC Indigenous groups, has claimed to a portion of the city's
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port land. So Vancouver First Nations has won a major court victory, with the judge declaring it
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has title to a portion of land in the Vancouver area that includes currently active industrial
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operations on the Fraser River. Justice Barbara Young of the BC Supreme Court declared that the
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Cowichan tribes have established Aboriginal title to roughly 800 acres in the city of Richmond,
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as well as Aboriginal right to fish and food. Her 863-page ruling from a trial that stretched
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513 days over five years from 2021 to 2023 was issued Thursday and published online Friday.
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The court ruling in what was billed as the longest trial in Canada's history, no kidding,
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represents a milestone in the country's continual societal and legal reckoning of Indigenous
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reconciliation. The decision follows a line of similarly important rulings, and there will
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almost certainly be legal arguments and appellate cases. I hope so. I hope that there are challenges
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to this case because it is truly disturbing and unsettling, folks.
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You see the land back activists, people demanding land back, saying that this is unseated land,
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you know, those land acknowledgements that we're forced to hear any time there's a public
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press conference now from politicians, all saying that Canada is basically an illegitimate country
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and that the land actually belongs to the First Nations. Well, this court ruling is legalizing that,
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is putting precedent into that, saying that yes, First Nations have title to the land and they can take it
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back if they prove their case really interesting. Not only that, I'm going to read a little bit more
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from this Globe and Mail report. There are three different First Nations groups or bands that all
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have claims over the same part of land in Richmond, and they're pitted against each other. So I'm going
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to read a little here. It says the Cowichan tribes case, like many before it, is particularly complicated.
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It says that the case pitted regional Indigenous groups against each other. The Cowichan are based on
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Vancouver Island, but in centuries past had an annual summer village on the Fraser River, or so they
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claim, and that is where they fish for salmon. The Musqueam and Tawasin tribes have long lived around
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Fraser River in the BC's Lower Mainland. The Musqueam upset over the court ruling on Friday morning.
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They called it devastating and said it impacts their own title and fishing rights. The land in question
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is within Musqueam's traditional and unseated territory, writes the Globe and Mail. Chief Wayne Sparrow said in a
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statement that Musqueam are extremely disappointed that the Cowichan would go against our shared
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Salish Coast protocols. It was emotional. I want to read just a little bit more. It says the Cowichan
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claim involved 1,800 acres, and the court declared title on roughly 40% of that. There are some privately
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held properties. This is important, but lawyers involved in the case say that if the ruling stands,
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that land would not be affected until the properties are sold. So you can keep your land for now,
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but you lose all value and all equity because when you sell it, it's not going to be yours.
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Justice Young declared that the land titles held by Canada and Richmond to be defective and invalid.
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Defective and invalid. So the property to your home and to your land, well, a judge may declare that
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that that is defective and invalid, and therefore you don't actually have title to your land.
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Again, from the Globe and Mail piece, it says if the Cowichan's win is upheld in future appeals,
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they could eventually take control of the land in question and use it as they see fit. Justice
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Young, a decade-long veteran of the court, suspended the declaration on land titles for 18 months so the
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Cowichan federal government and city of Richmond will have the opportunity to make necessary
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arrangements. Much more remains, she writes. And then she continued to say that a period to allow
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for an orderly transition of lands is in keeping with the principle of reconciliation. Did you get
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that? The principle of reconciliation means an orderly transition of the lands. So for all those
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people calling for reconciliation, all of the focus on that, at least for the land-backed people and
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the, what I consider extreme radicals in this position, reconciliation means an orderly transition
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of the lands. This is unbelievable, the direction that we're heading. I want to read a little bit from
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a legal blog. This is written by University of Saskatchewan's law professor Dwight Newman. He
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writes the less certain future of private lands in British Columbia and basically just says that
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the judgment has a much broader implication that any privately owned lands in BC may be subject to
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being overridden by aboriginal titles. So yes, that is exactly what this means. Now I'm going to bring
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John Rudd said on in just a second because as reported by Juno News, he wants an urgent appeal
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of the aboriginal title ruling which threatens public policy. But first, I want to thank our sponsor of
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today's show, which is Unsmoke. Look, folks, it's time to modernize Canada's rules on nicotine. Alternatives
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00:06:11.480
them. Learn more at unsmoke.ca. Okay, I'm very pleased now to be joined by John Rudd said he is the
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leader of the B.C. Conservatives. Rudd said served as leader of the official opposition since 2024
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when the B.C. Conservatives narrowly lost that election, winning 44 seats, losing by just one
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seat. It was an incredibly close election under Rudd's leadership of the Conservative Party's had
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its best showing in over 70 years. So welcome, John. Thank you so much for joining us.
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Thank you for having me on.
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Okay, well, first of all, I want you to comment on this bombshell landmark ruling and what it means
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for the people of British Columbia and more specifically, property owners in British
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Columbia? Yeah, this is a huge decision. When you look at a court case that finds title underneath
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private land, the reality for all of us as Canadians, as British Columbians is they are too
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are incompatible. Indigenous rights, Indigenous title cannot coexist with private property rights.
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In your private property rights, for example, you have the right to put up a fence and say
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no trespassing, right? It's your private property. You can use it for the things that you want
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to do. But when it comes to Indigenous rights and Indigenous title, Indigenous population have
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the right to use property, to use land, to carry on with traditional ways, and there's nothing
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you can do to stop it because of those rights. So the two are in direct conflict and really
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cannot coexist and should not coexist on the land. And so this has created a huge problem. And I
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talked to some of the homeowners that are impacted by this particular case, and they're concerned
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about their future. They ask, like this one lady I talked to, single mom, this is her life savings she
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put into buying this piece. And she's wondering now, have I lost my life savings? What does this mean?
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Do I have rights anymore? They're worried about how will this impact the value of their property?
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So there's a huge number of questions that are outstanding on this issue. But I think it's more
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than that as well. It's the precedent that is being set here for the whole province, quite frankly,
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the country. But it follows on the heels of some legislation that the NDP put forward in British
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Columbia on the Haida, on the Haida Islands, where they actually define title on the entire
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islands, including underneath private property and infrastructure. And so they set the precedent,
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and now the court case here has now confirmed that this could exist anywhere in the province.
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And in British Columbia, 120% of British Columbia is claimed by First Nations. So you better believe
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all private land across this province could now potentially be subject to having an indigenous title
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underneath their private property. Well, from the Globe and Mail report that I read from,
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you could tell that the individual bands don't even agree with each other, right? This was given
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to the Cowichan Band, which is a Vancouver Island band. Of course, Richmond's not in Vancouver Island,
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and it's got competing claims from the Musqueam and the Tawassan. And so, I mean, it's even,
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it's hard to kind of comprehend. I want to bring it back to the private property comment that you made,
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because in this Globe and Mail article, it says that there are some privately held properties,
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but lawyers involved in the case said that if the ruling stands, that land would not be affected
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until it was sold, until it was sold. So meaning that the value that you would have the equity in
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your home or in your land that you were planning to use as your retirement nest egg or pass on to
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your children when you pass away, that's basically gone. Because when you try to sell it, no one's going to want
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to buy land that is held, that a court is ruled, is going to be held by the First Nations. I mean,
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how would you assure any private property owners or anyone considering buying a home in British
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Columbia that this couldn't happen to them next? Well, that's why this should never happen.
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Private property and infrastructure should never, ever be on the table for a title declaration,
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whether that's by court or whether that's by negotiation. But really, when you wind this case
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back, this started in 2019. David Eby was the Attorney General. At that particular point,
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they should have recognized the risk that this would have had for private property owners and sat
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down and negotiated a settlement and dealt with this as opposed to allowing this to get to this stage.
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And really, this government has completely thrown private property rights, private property ownership
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onto the bus. Think about the chill that this will put on British Columbia and from an investment
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perspective. If you want to build housing, or if you want to put in a warehouse and put in some
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manufacturing, or if you want to build a mine, or any type of activity that's now in the land base,
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you no longer have any certainty that the private property you're trying to build on could be,
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state could remain private property. It may not down the road. And so the other interesting piece of
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this is, of course, in the Haida legislation, what it says is that with Indigenous title,
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Indigenous law can apply. And so what does that mean? How does Indigenous law potentially impact or even
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override your private property rights? Could they put taxation in place? Could they say what you can
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and can't do with the property? And of course, you have no ability to vote for that government because
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that's an Indigenous government. And so if it was taxation, for example, that would be, you know, taxation
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without representation. So there's a whole lot of question marks. And this, like I say, this case should
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never, ever have gotten to court. It should have been resolved outside in terms of negotiation. But now that
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it's there, the government of the day, the NDP government needs to clearly define what they are going to be
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fighting for in terms of defending private property rights.
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Well, 100%. I think a lot of people will say that this is all sort of downstream from the United
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Nations declaration on the rights of the Indigenous people known as UNDRIP. There was another case
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in British Columbia that came out earlier this month in August, August 9th. This is from the CBC.
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Okanagan Falls may need to change its name in order to become BC's newest municipality. So basically,
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according to UNDRIP, one of the things that it requires is that First Nations have the right to
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designate and name their own communities, places and people. And so because of this,
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Okanagan Falls may have to rename. I mean, we've seen a lot of this, John, in British Columbia where
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places have had to rename. Look, I grew up in BC. Back when I grew up, we used to call it the Queen
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Charlotte Islands. I know it's Haida Gwaii now, technically. But we see these kinds of stories
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all the time, including recently Trutch Street in Vancouver was given a new name that I wouldn't even
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try to pronounce because I think it's unpronounceable. What do you make of these changes?
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And what do you make of UNDRIP more broadly?
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Well, as the Conservative Party of British Columbia, we are committed to repealing the DRIPA legislation,
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the Declaration of the Rights of Indigenous People Act. It doesn't make sense. Any legislation
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that gives rights to one group of people over another will never end well because ultimately
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it creates friction, it creates resentment. It is the opposite of reconciliation. And reconciliation
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should be the goal of what we're trying to do. So DRIPA is something that we would repeal
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and remove in British Columbia to get away from this case, for example, that could happen
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in the Okanagan Falls area. The other piece, though, is there are values in UNDRIP that are
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worth using when we work with First Nations as a guiding principle, but that's what it should
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be. It shouldn't be legislation and using it as this hammer. So I think, you know, I don't
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have a problem with renaming, you know, for example, the Sadish Sea or Haida Gwaii, these
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types of things. But when it comes to, you know, many other things, look, we need to make,
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we need to understand that in British Columbia, Indigenous people are somewhere between four
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and 5% of the population. And we need to be able to respect rights, but we also need to
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be able to respect the rights of all British Columbians. And we're all Canadians. So we
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need to make sure that what we are doing is reflecting all of us in terms of our true history
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and quite frankly, what is our what our future needs to be.
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Look, I want to push back just a little bit about the renaming. Like I understand that obviously
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British Columbia was inhabited before the Europeans came and that some of the names come from Indigenous
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words. I mean, even Okanagan, it's not an English word, right? It's clearly derived from a different
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language. But what I see often now, John, it almost feels like it's deliberately confusing
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to people that you cannot pronounce the words. It's not written in an alphabet that's recognizable.
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And so with the case of Trutch Street getting renamed and then the signs that were unveiled,
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you can imagine in an emergency situation, someone's trying to call for help and they can't pronounce
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the words. And it seems to me that that is done intentionally to confuse or to alienate people.
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And I just don't understand why they have to introduce a new alphabet. English and French
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are the official languages of Canada. So why would you rename streets and cities and places into words
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with an alphabet that we don't we don't recognize?
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Yeah, you know, the interesting thing is when it comes to Indigenous languages in British Columbia,
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we've got, I think, it's 64 different dialects, 32 different languages with Indigenous people.
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They didn't have a written language. And so when they're trying to translate how to pronounce words
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that cannot be easily spelt in the English language or the English dialect,
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they're trying to figure out how do you actually spell that. So they've tried to come up with an alphabet
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that is English, it is what we use. But it also is supplemented to reflect the sounds
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that they use as part of their naming. So you're right, there needs to be clear cases where something
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like that can work and something that makes sense and some places where it doesn't.
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A street name, you know, for example, if the street name is on a reserve, in that type of thing,
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in many places around the province, it has a First Nations name. If you're talking about,
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you know, Main Street down the middle of a city, really, is that kind of what you would need to be
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doing with the names? But, you know, in terms of a street that might be directly attached with
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First Nations territory within a First Nations reserve, I don't have a problem with that kind
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of a sort of name changing. Now, there is some issues. Yeah, there's no question there's going
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to be issues in terms of it. But that's part of what we need to be thinking about also in terms
00:16:49.080
of reconciliation. And I'll just give you an example from my home community, Prince George.
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I was born and raised in Prince George. There was a park that was there, it was called Fort George
00:16:58.220
Park. Well, that used to be a Claytonay community. And they were forced out of that community and
00:17:07.000
relocated to a community further upriver. And so when it came to looking at reconciliation,
00:17:14.400
they made a decision, the city made a decision to rename that park Claytonay Park. And there was
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a whole bunch of people that were opposed to it and concerned about it. So why would we do this
00:17:24.880
until they learned the history? And then they went, Oh, okay, wait a second here. Maybe this
00:17:29.280
makes sense. And so, you know, reconciliation is not an easy path to be walked. But once again,
00:17:36.780
when you look at it, you got to think, how does this impact people on a day to day life? In
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particular, this is why the private property infrastructure, why that all sort of issues
00:17:45.020
are such a big issue, because now you're talking about seriously impacting people's day to day lives
00:17:51.080
and building their future. Yeah, well, you certainly raise a good point about reconciliation
00:17:56.180
and the idea is, you know, creating a future where we can live and coexist in peace. But sometimes
00:18:02.340
you see things in the news and online, John, make you concerned about whether we're actually heading
00:18:07.280
in that direction. This was something that I posted on social media, the Adams Lake Indian Band put up a
00:18:14.660
sign recently that said no trespassing, no illegal activities, and no settlers. And I see that as very
00:18:22.100
inflammatory language and saying that certain people based on their skin color or their heritage
00:18:27.600
are not allowed in other parts of the province or of their community. I mean, that's, that's
00:18:34.140
concerning. Look, I spent some time in high school in Campbell River, and sometimes would go on to the
00:18:38.980
native reserves to visit friends or meet up with people or, you know, just just to drop by and say
00:18:43.880
hi to someone. And the fact that they would erect a sign like this in Adams Lake saying no settlers,
00:18:48.300
I don't know how strictly that's enforced. But it's a sign that when I saw it made me feel really
00:18:52.780
uncomfortable. I wonder if you can comment on that. Yeah, I agree. It makes me really feel really
00:18:56.820
uncomfortable. It's the opposite of what reconciliation should be. It just is. You know, we need to
00:19:02.900
recognize that this is Canada. And even though, you know, Indigenous people might have been here for 10,000
00:19:07.960
years, they still have came here from somewhere else, just like everybody in this country.
00:19:13.260
They came here from somewhere else. And we need to recognize what we've built as a country. And I
00:19:18.000
think the other thing is we need to understand Canada's history. I mean, if Canada wasn't here
00:19:23.040
as a country, what would have happened? The Americans probably would have come up here and done the same
00:19:27.800
thing that they did in their country, which is declare them a sovereign nation, bring in the army,
00:19:33.560
attack them, wipe them out and conquer the area. And so Canada, in a way, is the whole reason why
00:19:40.500
many First Nations rights have even been protected and exist today. And so this is why we need to
00:19:46.400
think about this as Canada and British Columbia. And we need to understand that this is part of
00:19:52.500
reconciliation, how we bring this together and have that understanding, because there's resentment,
00:19:57.740
there's issues on both sides of the border, or both sides of the issue. I looked at, for example,
00:20:02.620
in the Okanagan, there's a beach in the Okanagan that is beside a First Nations reserve. And there's
00:20:09.680
a sign on the beach saying, Indians only. And I looked at that, I'd like that hugely offensive to
00:20:17.380
me, that that's a public beach, you know, that the foreshore is crown land, it's not owned by an
00:20:25.360
indigenous band. And to put up a sign like that, first of all, I mean, it's racist. But second of
00:20:30.520
all, it has that potential, that connotation about, you know, one group versus another, I thought the
00:20:37.520
whole idea is that we're Canadians, we're trying to find a way to reconcile, and to become one.
00:20:43.180
But this is also a huge problem with our Constitution, like our Constitution has created many of these
00:20:48.640
problems and issues we have today. When the Constitution came in 1982, and we had Section 35, which is what
00:20:54.160
has enshrined, indigenous rights, which includes title, it was defined at the time as being this
00:21:01.060
empty vessel of law that the courts would fill. Well, I think what we're seeing now, particularly
00:21:05.740
with this case now of the Okanagan, and what we've seen through this is, maybe that has gone a little
00:21:12.000
too far. Maybe we need to be rethinking how to address this, to be able to make sure that we
00:21:17.760
recognize and respect and reconcile the indigenous people, the people that were here before us,
00:21:24.160
but also the rights of all Canadians, and how those things come together.
00:21:29.060
Well, I think that would be a much better path forward to focus on the positive things that
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the friendships, the treaties, the partnerships that were formed between the early Canadians and
00:21:38.660
the First Nations, instead of dwelling so much on the things that we've focused on. Okay, John,
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I want to move on a little bit to talk about your opponent, David Eby, and his record in government.
00:21:49.960
So BC's debt has been skyrocketing in the first two years, this is in the Vancouver Sun, basically
00:21:55.840
saying that they have increased provincial debt by almost 50% in almost two years, just two years in
00:22:01.040
office, Eby inherited provincial debt of $89 billion a year. And at the end of his first year,
00:22:06.940
it had soared to $133 billion, up $44 billion. What would you do differently?
00:22:11.280
Well, this has been absolute insane spending by this government, especially when it comes to the
00:22:18.200
operating from the actual budget, as opposed to the capital side. And so they've gone from what
00:22:27.060
was about a $5 or $6 billion surplus to what a lot of people were estimating saying would be an $18
00:22:33.160
billion deficit in just over two years. How do you destroy the finances of this province so quickly
00:22:41.600
and have nothing to show for it? Nobody can point to anything in this province that is better
00:22:47.180
under the NDP. Anything, whether it's crime, whether it's drugs, whether it's housing,
00:22:51.860
whether it's affordability, whether it's our economy, nothing is improving. And so it really
00:22:56.360
makes you wonder how and where they're spending this money. And you look at our capital, yes, we need
00:23:01.040
to invest in roads and we had to invest in hospitals and schools. The budget, the amount of capital that
00:23:08.420
is allocated this year for capital projects is the equivalent of all the cost overruns on the
00:23:15.880
projects that they're running. So this has been just incompetence in terms of how they're actually
00:23:21.880
getting projects done and the way they spend money. And there isn't a single thing. They've been in power
00:23:27.980
for eight years now, not going on the ninth year. There isn't a single project that's actually
00:23:32.860
completed in terms of highways or bridges or anything like that. Everything is still a work
00:23:36.900
in progress. And you look at it and think, how could this be that nothing could have gotten done
00:23:41.860
over that period of time? Well, you mentioned crime and we have some statistics here. Violent offenders in
00:23:47.620
BC, why Canada's catch and release bails are failing. So Vancouver recorded 6,256 violent
00:23:53.040
crimes in 2023, including 4,900 assaults, a rise of 451 incidents compared to 2019. The data shows that
00:24:01.000
basically these policies where they can't keep bad guys behind bars is obviously failing all Canadians
00:24:08.980
and particularly in British Columbia. So I'm wondering if you can comment on, again, the crime rules and
00:24:13.320
what you would do differently. So in this province, for whatever reason, the judges and our crown
00:24:20.420
prosecution has decided they don't want to put people in jail. We've got, for example, this youth
00:24:24.600
correction center that I've heard from. They have a capacity of 46 people. They have typically between
00:24:31.700
four and six people in there with that capacity. So you kind of look at it and you think, well, we're not
00:24:37.620
committing less crime. How is it that we're not utilizing these facilities for what they need to be used for?
00:24:43.320
We need some significant change in British Columbia, and I think quite frankly, likely in Canada, but
00:24:48.620
certainly in British Columbia when it comes to dealing with crime. And the approach that we're
00:24:52.640
going to take on it is, first of all, we're going to push for guaranteed minimum sentencing. And this is
00:24:57.520
especially targeted at these prolific offenders. The police tell me that 70% of the crime is being
00:25:04.100
committed by 30% of the criminals. And so when you look at that, there are so many of these people
00:25:09.420
people that should be behind bars. And we just, we seem to be treating them all like they're the
00:25:15.960
same. Like they might be 30, 50, a hundred different infractions, interactions with the
00:25:21.800
police, and yet they're still out on the streets. And so what we'll do, we'll push for guaranteed
00:25:25.600
minimum sentencing. We've got to push for bail reform. Those are federal. And so we need to be
00:25:31.040
pushing for those. But what we can do in provincially is we can actually use the Mental Health Act if we had to.
00:25:36.500
And so we want to change the court system so that there's a streamlined process for these
00:25:41.920
prolific offenders. They get into the courts immediately instead of having to wait a year
00:25:46.260
or two years or sometimes getting thrown out because they don't have the ability to get to court.
00:25:50.480
We've got to do that. But where we have these prolific offenders, particularly these prolific
00:25:53.980
violent offenders, if the courts will not put them behind bars where they need to be,
00:25:59.000
then we're going to have to look at using things like the Mental Health Act because that's the only tool
00:26:02.520
we have as a province. So if somebody's at risk of harming themselves or others, they can be held
00:26:08.640
and treated and not released until they're no longer a risk. And we might have to start looking
00:26:14.500
at that. And here's, he'll become the rub. Of course, there'll be a Section 7 challenge from the
00:26:18.800
Charter because you're taking away their rights. And we may have to use the notwithstanding clause
00:26:23.260
if need be, because we need to get these people off our streets enough of protecting the criminals'
00:26:30.540
rights. We need to start protecting the citizens' rights so that they can be safe once again in our
00:26:35.440
streets.
00:26:36.280
A hundred percent. And honestly, I think it's a compassionate thing to do because so many of
00:26:39.900
the people that you see on the streets suffering out in the open using drugs, they also have mental
00:26:45.400
health issues. And that's something that's sort of often ignored by the progressive side of things.
00:26:51.060
John, I know you are undergoing a leadership review for your party, which wraps up in September,
00:26:55.400
and then you have an AGM that is coming up in the fall. So I'm wondering if you could tell us a
00:27:00.480
little bit about that process.
00:27:02.240
Sure. Well, actually, the AGM is not out for a little while here yet. But yes, the leadership
00:27:06.960
process is going on throughout the province. And this is standard for any political party in terms
00:27:12.880
of a leadership review that needs to be done. Our old constitution said that every year there had to
00:27:17.880
be a leadership review, regardless of whatever the circumstance was, and it was to be done
00:27:21.560
online where people got a chance to vote by email or whatever the case may be. We looked at it and
00:27:26.540
went, that's not really a very, first of all, it's not stability, but it's not a right way to do it.
00:27:33.880
And so we decided we would give people an in-person opportunity to vote as to whether or not they
00:27:40.120
like the leadership of the party. They like the pledge that I've put forward in terms of our
00:27:45.280
priorities as a party and as a leader. And we'll see how that process goes. But I've been touring
00:27:52.480
throughout the province and meeting with members right across British Columbia, and people are
00:27:58.060
quite happy with what we're doing. They like the direction that we're going. Most people are like,
00:28:02.940
they certainly wish we had won the last election. We're 257 votes away from us being government as
00:28:10.360
opposed to them being government. It was that tight an election. But yeah, so the process is
00:28:15.260
ongoing. We'll know by the end of September what the will of the members of the party is.
00:28:21.040
Great. Well, we look forward to having you back and hopefully you can tell us more about the update
00:28:26.540
from the AGM and continue. I mean, it's wild how close that election was in BC. Reminds you folks how
00:28:33.020
important it is to get out there and vote. That's John Rudd said, leader of the BC Conservative Party.
00:28:38.080
Thank you for your time. All right, folks, thanks so much for tuning in. We'll be back
00:28:41.120
again tomorrow. I'm Candace Malcolm. This is the Candace Malcolm Show. Thank you and God bless.
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