David Eby, DRIPA, UNDRIP & the End of BC Property Rights – Panel with Bruce Pardy & Dallas Brodie
Episode Stats
Length
1 hour and 6 minutes
Words per Minute
181.91039
Summary
In this episode, we discuss the recent Supreme Court ruling in a case involving mining rights in British Columbia, DRIPA, and First Nations property rights in relation to the Supreme Court of Canada's ruling in the case of Guxalan versus the Government of Canada.
Transcript
00:00:00.000
Hey guys, Wyatt Claypool here. I got a great show for you all today because we're going to have a very wide-ranging discussion on a lot of the land issues that are going on in British Columbia today, and I have two great guests who are very qualified to speak to this issue.
00:00:16.700
First up, I have one BC leader and Vancouver Quilchina MLA, Dallas Brody, and I also have Queens University Law Professor, as well as the Executive Director of Rights Watch, Bruce Hardy here. Thank you both for joining me here today.
00:00:34.640
Thanks, Wyatt. Great to be with you. It's actually Rights Probe, but close enough.
00:00:38.300
I mess things up a lot, but now we're plugging it again, but properly, Executive Director of Rights Probe.
00:00:46.220
So in British Columbia, just over a year ago, it felt just unfathomable that we would actually even be talking about adjustments to DRIPA, but after a recent case, I think it's Guxalan or whatever, I can never pronounce the actual band's name,
00:01:05.640
but it was the specific case in front of the Supreme Court having to do with mining rights, or I think it was the Superior Court,
00:01:13.760
that mining companies will have to go through and actually do full consultations, whatever that means, with First Nations bands if they actually even want to be able to actually not only stake a claim, but actually start developing.
00:01:28.500
And that is what has caused the BC government and Premier David Eby to actually come out and say that they are willing to pursue changes to DRIPA.
00:01:38.320
I'm not sure how closely both of you have been able to follow the details, but how likely are we to actually see any substantial change to the property rights, to seeing property rights strengthened?
00:01:52.120
Sure, yes, so this court case that you're alluding to brought the issue into the public sphere more than it has in the past, but this court case is only the latest thing to come up.
00:02:11.400
In other words, things have been happening behind the scene for a long time on the basis of DRIPA.
00:02:19.000
The BC government has been acting on its mandate under DRIPA for a long time, and it's only because the court case came by and said,
00:02:26.260
oh, by the way, DRIPA means what it says, that everybody now is in all a flutter.
00:02:31.780
However, yes, DRIPA needs to be, well, amended is not enough, but DRIPA needs to be repealed, and you can tell that the BC government, I think, is talking out both sides of its mouth on this because they are saying that they're going to, you know, amend it, adjust it,
00:02:50.780
so that the court has to go back to what the NDP thinks it's supposed to mean, but DRIPA needs to be repealed.
00:03:02.340
What DRIPA does is require the BC government to make the laws of BC consistent with the UN Declaration on the Rights of Indigenous People.
00:03:14.220
And for anybody who's read UNDRIP, you will know that it's an extraordinary document that provides all different kinds of very, you know, very broad-ranging rights and entitlements for Aboriginal people that are far beyond what is even called for under the Canadian Constitution.
00:03:33.580
And so, if the BC government was genuine about its alarm about this court decision, it would undertake to repeal the whole statute, not amend it, not adjust it, repeal it.
00:03:47.040
But that's not, as I understand it, on the table right now.
00:03:51.540
And Dallas, is there any world, because, of course, you're going to be going back into the legislature this February,
00:03:57.400
is there any world where you would be okay with simply amending DRIPA,
00:04:03.140
and would that maybe even be possible to actually amend it into something even acceptable?
00:04:14.440
This document has no business being in our province.
00:04:22.840
Premier Eby and his Attorney General are being completely disingenuous
00:04:26.320
when they say that they're shocked by this court ruling.
00:04:31.560
The court's just saying it out loud, what was already required.
00:04:34.360
They even went to the step of changing the Interpretation Act of BC
00:04:37.960
to say that all courts had to interpret all laws through the lens of DRIPA.
00:04:50.600
We are the only jurisdiction in the world, I think, aside from Bolivia,
00:04:59.360
And the shocking part was that this was approved by every member of the legislature
00:05:13.340
and the desire for all those politicians to simply want to be seen as a nice person,
00:05:21.700
And I cannot believe that David Eby is pretending that he didn't know that this was what was going to happen.
00:05:28.320
David Eby is on TV, even back protesting the Olympics,
00:05:31.820
in front of a sign that says, land back, stolen land.
00:05:35.400
He deeply and ideologically believes that, and he said this out loud, that colonialism was a mistake,
00:05:43.180
and we need to correct history, and we need to return all land, not just some land, all land.
00:05:49.040
And this focus on private property is also scaring me because there's only a small portion of British Columbia's land
00:05:56.820
that is actually private property and owned fee simple.
00:06:00.660
But 95% approximately of the land in British Columbia is owned by the Crown.
00:06:05.460
And that's actually the big prize that they're going after.
00:06:09.660
And there are major groups out of the United States, Tides Foundation, Rockefeller Foundation,
00:06:14.240
and all of these who have been pushing this agenda to return all land.
00:06:18.940
And as Bruce said, UNDRIP is the mother beast of all of this.
00:06:25.860
I strongly recommend, if you have time, just sit down with a cup of coffee and read it.
00:06:29.880
It is a one-way document that says everything goes to the Indigenous people,
00:06:34.920
and there's zero expression of any responsibility or accountability or anything on behalf of these groups.
00:06:41.380
And it says they get all land back, not just some land, all land back,
00:06:46.600
veto power over everything and all those lands,
00:06:49.320
and indefinite funding to pursue everything they want to do on that land.
00:06:53.580
So we also even have to fund the fund they're going to have on this land.
00:06:57.180
Yeah, and the thing that doesn't really make sense to me is how you're even going to attempt to amend this in any way
00:07:04.420
that's going to be satisfying to British Columbians.
00:07:06.620
Because I feel like the issue has become big enough at this point that even the average citizen
00:07:10.780
will know when you're just kind of jerking their chain and pretending like you're trying to fix the problems.
00:07:16.700
Because how can they even change anything in DRIPA while leaving the fundamental principle of the legislation in place
00:07:30.540
Or do you think it's probably just that they're going to try and make a small cutout for major projects?
00:07:36.560
Well, what they will claim to want, and I've heard E.B. say this essentially,
00:07:41.120
that they want the control of this to be in the government's hands and not in the court's hands.
00:07:48.280
Which means that if they designed an amendment, what it would try to do, I'm imagining,
00:07:54.420
would be to fence off the courts from interfering,
00:07:57.980
but allow the NDP government to continue to do what it's doing,
00:08:00.720
which is to reach agreements, and mostly covertly, in a non-transparent way,
00:08:07.220
reach agreements with various Indigenous groups over various territories
00:08:11.140
to either recognize Aboriginal title and or to grant management rights
00:08:16.740
over the land in that territory, which they have done on numerous occasions already.
00:08:22.840
The main or most important example, I think, is the agreement over Haida Gwai,
00:08:28.400
which David E.B. has called a template for the rest of the work they're going to do.
00:08:33.460
And that agreement granted recognized Aboriginal title over the whole of Haida Gwai,
00:08:39.760
even though there is private property on Haida Gwai.
00:08:42.900
And so now those private property owners are in complete limbo
00:08:45.760
about what the status of their property is and who gets to say
00:08:48.980
and what the situation is about their property interest.
00:08:52.580
Well, we have a ridiculous case of literally a house being bulldozed
00:08:56.480
pretty much under the permission of the ban council on Haida Gwai
00:09:01.800
You would think that would be like the big flare in the sky saying something is wrong
00:09:05.560
because after that happened, there was no real legal mechanism
00:09:08.700
for anyone to use to say, you know, that wasn't right.
00:09:11.960
Because as we've seen on many reserves, and this is across Canada,
00:09:17.180
is that you're effectively living on a miniature Soviet state,
00:09:20.760
although in British Columbia, the amount of land that you can claim
00:09:23.740
makes some of these places bigger than European countries.
00:09:26.060
But like, well, there's nobody seeming to sound the alarm
00:09:30.340
that even Indigenous people themselves are basically being locked
00:09:33.560
into these collectivist entities where they can't actually even own their own land.
00:09:41.440
And it's almost, if you read the agreement that applies to Haida Gwai,
00:09:44.580
it's almost as though it's designed to be incoherent.
00:09:48.240
Like, you can't figure out what the story is because, on the one hand,
00:09:56.240
and the jurisdiction of the Haida Council is established.
00:10:02.000
because the jurisdictions of the province and the federal government
00:10:07.900
And don't worry, your private property will be honored.
00:10:10.400
But on the other hand, Aboriginal title prevails.
00:10:12.680
Like, you can't read the agreement and figure out, you know,
00:10:17.460
And the bottom line is, Aboriginal title prevails.
00:10:22.960
And therefore, you know, whatever happens is going to very much depend
00:10:29.080
And so, Dallas, of course, since you've been in the legislative chamber
00:10:32.260
and you've seen what many of these NDP MLAs are like
00:10:36.220
around Indigenous issues, you've asked them a lot of questions
00:10:41.840
But does it feel like, because, like, as Bruce points out,
00:10:45.900
that all they're going to do is just basically move the triggering mechanism
00:10:51.680
and I guess the radicalism will now move at their speed
00:10:57.940
But do you have any trust in them at all that they're going to actually be,
00:11:04.420
Or is it more so this is just a political maneuver
00:11:08.640
in order to get people to kind of go back to sleep on the issue?
00:11:14.880
David Eby is a master of the political sort of rope-a-dope.
00:11:26.660
and then once he sees that there's political heat,
00:11:52.200
His master is supposed to be the population of British Columbia,
00:12:17.660
and they will never be able to get this back in
00:12:32.640
of the rest of the province of British Columbia,
00:12:35.580
the people who are honestly trying to make their livings
00:12:42.240
They have been completely left out of this discussion.
00:12:50.060
And I keep wanting to bring people's attention to,
00:12:54.020
which used to be, for people who are listening,
00:13:05.280
But there's also the case of the Sunshine Coast
00:59:41.520
doing it back home and they're taking the money
01:00:01.440
place in Tennessee we've got two people from the
01:00:10.440
there and they're saying that we got to shut down
01:00:11.940
the whole province and so this is where they're
01:00:14.060
starting and they take their money they bring it
01:00:16.040
up here and I say could you please go back down
01:00:17.980
to the states and manage your own affairs because
01:00:20.020
we've got problems up here and what you're doing
01:00:22.320
is hurting British Columbians we don't want you
01:00:33.640
was a hotel that got the Trump name on it it was
01:00:38.120
that had Trump Hotel or something and they just
01:00:46.520
finally that hotel submitted and removed the name
01:00:52.340
is actually an ironic name but imagine if there
01:01:02.920
all of the cities and controls and land stuff in
01:01:07.360
our province imagine what the media would do with
01:01:26.620
I'd love to hear what what was it legal probe is
01:01:29.760
or rights probe right sure so but yeah no Dallas's
01:01:35.520
cooperation of our governments yes right and so
01:01:39.840
one of the thing that plagues a lot of Canadians is a
01:01:45.680
naivety about their own governments they think that
01:01:49.240
their governments whoever they are whatever their
01:01:51.420
stripe are acting in good faith in their interests and
01:01:55.820
that is simply not the case you I think what we need in
01:01:59.900
this country up along with a whole lot of other things is
01:02:03.940
a little bit of realism and a little bit of hard-nosed
01:02:06.980
skepticism about who our governments are what they do and
01:02:11.460
what their motivations are we have to get out of the space that
01:02:14.820
assumes that our our officials and our bureaucrats and so on
01:02:19.320
are all acting in good faith for the for the betterment of the
01:02:23.060
country if you look at the evidence that that is not true
01:02:27.400
so I I wish I wish more Canadians would would start to see things with a
01:02:34.020
much more critical and skeptical eye right probe is a project of the energy
01:02:40.480
probe research foundation where I describe it as a a law and liberty think
01:02:44.340
tank we've been active since since COVID came on the scene very involved in in
01:02:49.360
that and in a lot of the other issues that that bring to mind the
01:02:55.940
problems both in this country and outside but primarily inside Canada in in
01:03:01.780
terms of the encroachment of the managerial state upon people's rights and
01:03:08.480
freedoms and ability to lead their own lives without interference from an
01:03:12.920
administrative state that is intent on controlling and supervising and tracking
01:03:19.820
and and and and uh in dictating the outcome of social evolution and uh we we do our best to
01:03:28.460
shed as much light on those things as we can that's a magnificent project that's a
01:03:33.180
magnificent we'll definitely link that in the comments below for people to check out
01:03:36.460
sounds like british columbia really needs that because uh one one of the things that
01:03:40.220
we've talked about as uh one bc is that there are a hundred and seventy three thousand
01:03:45.820
regulations codes and statutes in british columbia there are only a hundred and twenty
01:03:51.820
thousand even in ontario where you think that they'll they would be very good at making
01:03:56.620
regulations since most of the federal bureaucracy is also there and you know with probably trading
01:04:01.180
notes with the provincial bureaucrats and then in alberta it's only eighty thousand literally
01:04:06.380
less than half of what's in of what's in uh british columbia uh but i'll just end with you
01:04:11.180
dallas if you have any uh additional comments and anything specifically to plug other than the ubc
01:04:16.700
event i guess the ubc event and i'd highly recommend to people to go to my x account you can see the
01:04:21.420
making a killing documentary it remains a very important piece of work uh i worked very hard on
01:04:27.580
it with my former chief of staff tim tilman who did a superb job on that and the editing and the
01:04:33.180
camera work and we did it all for just under 35 000 it's it's a really great documentary and i
01:04:39.980
learned a lot from working on that i have i was one of those people bruce who used to believe that
01:04:46.460
my government essentially had my best interests at heart that sometimes there was arguments about
01:04:52.300
tax and spend lower taxes not spend so much and that when i grew up was the main dialogue going on in
01:04:58.780
politics in canada things have really changed where they're down to controlling people and i i i've
01:05:05.420
really i actually can't believe how woken up i've been in the last eight years and seen what's happened
01:05:11.340
which is partly why i'm taking action now and everybody who's listening please take action even
01:05:16.220
if it's as small as going to work tomorrow and removing the pronouns and the land acknowledgement
01:05:21.340
from your email page if you can do that do it just do it go watch the documentary and send it to one
01:05:27.660
friend because if you're not doing something each day you are part of the problem this is a this is a war
01:05:33.820
it's a fight and they're not going to give up their control easily and we have to push back
01:05:38.060
if we're going to have any self-respect yeah no and i just checked the numbers i think the
01:05:43.260
documentary on youtube's up to 479 000 views so a lot of people have watched it hopefully a lot of
01:05:49.660
people who didn't uh maybe agree with the perspective the documentary was putting forward
01:05:54.060
before ended up watching and changing their minds uh but yeah thank you guys for both coming on to
01:05:59.180
the show today this has been a fantastic discussion despite the fact i started off really badly
01:06:05.180
mangling bruce's uh organization's name and having a bit of a jumpy start but that's that's just kind
01:06:10.460
of what this show is all about uh but thank you for both coming on and i'll hopefully have you both
01:06:14.620
back uh someday soon oh it's been my pleasure white thanks for having me and dallas you're a voice in the
01:06:20.940
wilderness so so good on you carry on thank you bruce and so i i also gain courage from people like you
01:06:27.260
who are standing up and courage is contagious bruce indeed it is