[Witness spoke in Secwepemctsín]
[English]
I'm Robert Phillips, with the First Nations Summit. We are a provincial body in British Columbia. Basically, our motto is treaties, agreements and other constructive arrangements. As you know, modern treaties are creeping along slowly, but we're surely getting there.
We're into agreements of all types. When we look at what the Prime Minister is now talking about, with over $1 trillion of investment into Canada and then with all of the projects that are coming into B.C. as well, going into the billions.... There are a couple of sides to the story that we really want to have a discussion on. Of course, it can't be at all costs. That's very important.
At the First Nations Summit, we're basically advocates for first nations in British Columbia that are in the modern treaty process.
One of the things that are very important to us is DRIPA, the declaration act in British Columbia. As you know, the new B.C. Conservatives will be coming in and may attempt to abolish that, so we're certainly going to have our discussions with the B.C. Conservatives as well. Of course, you have the United Nations declaration here in Ottawa. That is very important, because the United Nations Declaration on the Rights of Indigenous Peoples is basic human rights, with one of those being the article I mentioned before, which is article 37 on treaties.
Reconciliation is a story that needs to be told. It will take a lot more than five minutes, but I'm respecting you, Mr. Chair, and the committee members and the questions that will come up. We look at it from this perspective. The federal colonial government, by order of the Crown, pursued treaty-making. This endeavour wasn't completed in British Columbia. There are about eight treaties in British Columbia. In addition, there are the Douglas treaties on Vancouver Island and Treaty 8 in northeastern British Columbia.
It all started in 1992. Back in the day, I think it was then Progressive Conservative Brian Mulroney and Mr. Harcourt with the NDP. Some say those were the good old days, because we got off to a very good start, but there have been many implications, many slowdowns and now many court cases that have come up.
Delgamuukw, Tsilhqot'in and Calder started it all off to recognize aboriginal title in British Columbia. It's on the ground. It's very real and you can't wish it away. It is something that's in British Columbia because there's a lack of treaties, so it's something that we're dealing with there. There have been decades and decades of litigation.
For Bill C-39 to seek to accelerate resource projects in first nation territories, there are necessary requirements. There has to be free, prior and informed consent. There also has to be meaningful consultation that has to take place around our Canadian Constitution, which we all uphold. I believe—and we heard the speakers before—if we're going to do something, let's do something else that will combat both things and be complementary.
I believe first nations carry a great responsibility. We have been stewards of the land for thousands and thousands of years. These are our lands, resources and territories. Of course, now that we're in this position of being stewards, we want to make sure that with all of this resource development and these projects that will be coming into British Columbia and throughout Canada, we look at them very meaningfully and we have that consultation and the consent of first nations.
The Government of Canada, of course, has touted Bill C-39 as “the most comprehensive and ambitious reform to Canada’s ability to get big things built in a generation.” It also stated that it's pursuing this legislation while maintaining strong environmental standards and upholding the rights of indigenous peoples. In talks with the Prime Minister, he tells us he will have that consultation and he will have that dialogue. As you know, first nations are built around oral history, and that history is very important, so when you say something, it means a lot to first nations.
We have written this submission to explain, in particular, the legal and historical contexts in B.C. and to identify priority changes needed to mitigate harm and support durable, rights-respecting economic development.
In conclusion, Bill C-39 must be amended to reflect a rights-based framework that upholds first nations' constitutional and human rights, advances the implementation of UNDRIP, strengthens environmental protections and ensures that first nations are meaningful participants in decisions affecting their territories, right and well-being. With these changes, it can be improved as a path to responsible, sustainable economic development.
I give you thanks for the opportunity to speak. Kukstsélp.