First Nations talks chart slow progress

T he leadership of the B.C. government — the premier, cabinet and deputy ministers — met with the combined leadership of First Nations Wednesday for the second annual “All Chiefs” conference on the state of government-aboriginal relations.

Or, as Grand Chief Stewart Phillip put it: “Strike two.”

The first such conference was held in the initial flush of excitement following the Tsilhqot’in decision. That Supreme Court of Canada recognition of aboriginal title for the first time was a breakthrough. Some thought it would change everything.

It still might. It probably will. But the past year has made clear that it won’t happen instantly.

Premier Christy Clark initially went some way to recognize the historic nature of the decision, by meeting First Nations leaders on the turf that was in dispute, and by committing to the all-chiefs conference later.

But the decision was the culmination of a 30-year dispute, 25 of which was spent in court. Changing course and reconciling after that bruising battle takes a bit of time.

It was clear at the opening of the second conference that the clock is ticking on the First Nations side. Fingers are drumming on desks all over B.C. as the aboriginal leadership looks for definitive signs from the provincial government that the import of the decision has sunk in.

Aboriginal Relations and Reconciliation Minister John Rustad tried to leave the impression that progress is being made. But he had to reach back 10 years for a benchmark. It’s shocking to think the new relationship and transformative-change accord that former premier Gordon Campbell sprang on people was 10 years ago.

Since that time, Rustad hailed improvements in aboriginal graduation rates, the formation of the First Nations Health Authority and hundreds of deals with individual bands on revenue-sharing and reconciliation arrangements.

“There is still a long way to go, but we are in a better place than we were 10 years ago,” he said.

The more pertinent comparison is between one year ago and today.

At the first meeting, the First Nations Leadership Council advanced four principles it wanted recognized: recognition of indigenous peoples’ inherent title and rights, acknowledgment of aboriginal systems of governance, acknowledgment of the need to shift all relationships to a system that recognizes the first two principles, and agreement on the need to move B.C. to consent-based decision-making.

Rustad noted the principles that were advanced, but said he wants to make sure “we don’t get bogged down in wrangling over words” and people can see the government’s response to the Tsilhqot’in decision “every day, in all the things we do.”

But as former attorney general Geoff Plant noted in a speech before the opening of Wednesday’s talks, it took B.C. 10 months to respond to those principles. And the response “carefully parses the principles as though they were a legal contract, rather than a potential foundation for a political discussion.”

Wrangling over words, to borrow from Rustad.

Plant said: “A dialogue that entrenches old positions, rather than empowers fresh thinking, simply won’t help. This is not the time to draw lines in the sand. It’s a time for problem-solving, not problemdefining.”

Robert Phillips of the First Nations Summit followed Rustad on stage and had a different view of the progress report. He said chiefs are starting to get very concerned about the lack of action from B.C. in the past year. He said they dug in their heels in the past few months and demanded some progress.

“Things have to change; we’ve heard that loud and clear,” said Phillips.

Clark and her cabinet are saying good words, but Phillips said First Nations are still seeing “prehistoric, colonial” legal arguments that haven’t changed.

Grand Chief Stewart Phillip, from the Union of B.C. Indian Chiefs, followed up by urging everyone to leave the “antiquated, regressive, constipated legal thinking that stands in the way of reconciliation.”

The deals that Rustad hailed are commendable, he said, but don’t represent the harsh reality the vast majority of First Nations face.

This time around, the leadership is pitching a commitment document that would entail legislated recognition of last year’s four principles.

There’s no telling what strike three would involve.