Vaughn Palmer: | vancouver sun

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VICTORIA – British Columbia Conservative Leader John Rustad is challenging Premier David Eby’s insistence that recognition of Haida Aboriginal title over Haida Gwaii poses no risks to private landowners.

“Eby’s NDP is undermining your property rights,” Rustad declared on X this week. “The Haida agreement means that First Nations title could apply to all private property in British Columbia”

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The post contrasted with Rustad’s favorable comments when the NDP government introduced enabling legislation for Aboriginal title recognition.

“Some people might be surprised to learn that I support the title,” the Conservative leader said. “This is a path we must follow to be able to provide predictability and certainty for both Indigenous and non-Indigenous people.”

He described how, as Minister of Aboriginal Relations in British Columbia’s last Liberal government, he had challenged government lawyers over their plan to fight the Haida in court over Aboriginal title.

“I told them, ‘Are you crazy? The Haida people have defended the Haida Gwaii Islands for thousands of years. How the hell do you expect us to win this in court?

“I support the idea of ​​this bill,” Rustad said. “Congratulations to the Haida people.”

The contrast between those generous comments on Monday and social media posts the next day led New Democrats to accuse Rustad of hypocrisy. He made nice to the Haida in the legislature and then cut off their land after they left town.

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Rustad had an explanation ready for the change. When she spoke on Monday, the government had just provided a copy of the bill and there was no time to read it.

On Tuesday, senior public officials behind the legislation reported as much. His answers made him doubt it, which he expanded on Thursday in a press release in which he accused the prime minister of misleading the public.

“In a private briefing with ministerial staff, it was revealed to me that Eby’s NDP would grant Haida title to 100 percent of all private lands on Haida Gwaii,” Rustad wrote.

“I fully support resolving the Haida title claim, but including private land is reckless and exposes the people of BC to incredible liability risk.

“This means landowners on Haida Gwaii are at the mercy of future Haida Indian law. The government told me that financial compensation will be required by 2026 or BC will go to court with Haida.”

He predicted the government’s approach will have implications for British Columbia’s 200 other Indigenous nations, each of which claims title to its share of what is now Crown land.

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“Premier Eby and his consultants are misleading British Columbia workers about the chaos and crisis they are creating.”

BC United has also expressed reservations about the legislation, although not in the radical terms of the Conservatives.

Party leader Kevin Falcon called on the government “to delay its rushed enactment and ensure wider consultation,” in a news release on Wednesday.

BC United cited concerns about the impact on private land rights and holdings on Crown land.

The New Democrats bristle at suggestions that the Haida settlement poses any risk to the rights of non-Indigenous holders of freehold private property.

“What the Conservative leader claims about the Haida deal is a 100 per cent proven lie,” cabinet minister Nathan Cullen said on his account X. “Private landowners are protected. Written. In the agreement. Period.”

The text of the agreement says that “the Haida Nation consents to and will respect the simple interests” and “consents to the simple interests continuing under the jurisdiction of British Columbia.”

But the agreement is not a treaty. It is a commitment to a two-year transition process in which the parties will attempt to reconcile “the jurisdictions of the Haida Nation and British Columbia under Aboriginal title.”

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The legislation implementing the agreement is also not a treaty. Rather, it consists of “interim measures” regarding issues that are supposed to be resolved in the two years of talks.

However, the legislation recognizes that Haida Aboriginal title applies to all Haida Gwaii lands, within the meaning of the Canadian Constitution.

Aboriginal title has the meaning given to it by customary law, that is, the right of exclusive use and occupation.

This creates a contradiction, say the two opposition parties, citing analysis from two major law firms.

By recognizing title in absolute constitutional terms, the government has simply postponed the reckoning for private landowners. When the two years are up, the private lands will be under Haida jurisdiction or the case will return to court.

Good luck making that argument to the New Democrats. They have formed their own platoon of lawyers to support their approach.

In addition, the prime minister has already indicated what the agreement means for him. “This is the honor of my career,” Eby told the legislature. “I’m going to remember this for the rest of my life.”

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These are not the words of a leader who has doubts about the radical course he is imposing on the province.

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