Rustad’s Indigenous policy announcement adds insult to injury, say First Nations

First Nations leaders are dismayed BC Conservative Leader John Rustad chose to announce his party’s proposed Indigenous policy on the National Day of Truth and Reconciliation. 

The national holiday is a day of mourning that honours children and the survivors of residential schools, and acknowledges ongoing impacts to their families and communities. 

It’s not an appropriate occasion for a political leader to proclaim his agenda for how he plans to work with Indigenous peoples should he become leader, Cheryl Casimer, First Nations Summit political executive told Canada’s National Observer — particularly when that statement fails to uphold a commitment to Indigenous rights and title and the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA). 

“The timing of it is what really infuriated me,” Casimer said. 

“I thought it was so disrespectful considering that he's still talking about repealing DRIPA and developing a different law that would support some kind of ‘economic reconciliation.’” 

True reconciliation can only be achieved by ensuring First Nations can access the tools to rebuild their own economic futures, the Conservative Party said in a statement Monday. 

“Our policies will emphasize fostering partnerships between First Nations and the private sector, with a strong focus on key sectors including natural resource management, fisheries, forestry, and clean energy,” the statement said. 

DRIPA hasn’t been a step forward for reconciliation and recognition of Indigenous self-determination in B.C., according to the Conservative statement, which said it “has stalled Indigenous-led development such as mining, forestry, natural gas, and other sectors.” 

Reaction by Indigenous leadership organizations to Rustad’s announcement on Sept. 30 was swift. 

“To announce on today of all days that Rustad will continue his crusade to repeal DRIPA is astonishingly reprehensible. This ‘plan’ will set us back decades and will continue to pit [First Nations] against other British Columbians. This is not reconciliation,” tweeted Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs. 

The First Nations Leadership Council (FNLC), which comprises the political executives of the BC Assembly of First Nations, First Nations Summit, and the Union of BC Indian Chiefs also issued a statement immediately following Rustad's policy announcement. 

“The FNLC stresses that the recent years have included extremely hard work by First Nations and the government to make progress based on cooperation and working together,” the council wrote.

“We’ve moved forward on title recognition, revenue sharing, child and family services, housing on reserve and in many other ways. We can’t go backwards and undo the Declaration Act, which underpins our current work, and the years of progress we have made together.” 

Questions and interview requests to Rustad about his stance on DRIPA or reconciliation by Canada’s National Observer have not gotten a response. 

DRIPA, which was passed unanimously by all parties in 2019, enshrines the UN Declaration on the Rights of Indigenous Peoples as the minimum standard for Indigenous rights in the province, Terry Teegee, Regional Chief of the British Columbia Assembly of First Nations said.

The Act also mandates the government to align provincial laws with the UN declaration and involve First Nations in provincial decision-making with relevance to Indigenous rights, such as land use in traditional territories.

Political leaders' views on key Indigenous issues in the run up to the election is particularly important given Rustad’s threat to repeal the Declaration on the Rights of Indigenous Peoples, or DRIPA, and the Tory leader’s continued fear mongering around the legislation, Teegee said. 

“He’s using First Nations as a wedge issue to gain political favour,” Teegee told Canada’s National Observer. 

Despite voting for DRIPA, Rustad has repeatedly described the province’s efforts to bring B.C.'s Land Act line with DRIPA as an “assault on private property rights” that would limit all shared access to Crown land whether it be for outdoor recreation, water access, agriculture or resource development. 

Rustad’s assertions are false and inflammatory, Teegee said. 

The Conservative lead is pulling from former U.S. president Donald Trump's political playbook, which relies on the demonization of immigrants, he said. 

 “He's saying we're the Boogeyman. We're going to take land away and that we shouldn't be trusted’” Teegee said. 

“Five years ago when [DRIPA] was implemented as legislation, I said no government has a veto and I stand by that,” he said. 

“The declaration is trying to create that space where decisions are made together.” 

As a result of the Conservative Party’s attacks on the legislation, the NDP government postponed its proposed amendments to the Land Act until after the election, a move that Teegee described as disappointing. 

“It’s too bad they didn’t stick to their guns … I think it was a missed opportunity,” he said. 

Rustad is misleading the public by suggesting he can undo DRIPA without First Nations’ consent, Casimer added. 

“DRIPA was unanimously supported in the house, and any concerns should have been raised at that time,” she said. 

Rustad, who served as the minister of Aboriginal Relations and Reconciliation under Christy Clark’s BC Liberal government, says he’s crafted more than 435 First Nations agreements. 

“Through this economic reconciliation, we saw First Nations communities rise up from impoverished conditions and truly begin to thrive,” Rustad states. 

Casimer begged to differ, saying developing individual revenue agreements with First Nations did not advance the wider benchmarks for reconciliation, she said. 

“We didn’t make a lot of advancements on rights and title,” she said. 

“It was a constant challenge under Rustad’s leadership and the Christy Clark government.”

In his latest announcement, Rustad also said he’d step up and address federal housing and water crisis issues in Indigenous communities and then get compensation from Ottawa after the fact. 

He’d also ensure culturally-appropriate care for Indigenous people for mental health and addiction issues, and transfer authority to First Nations on child care and family services. 

“We will ensure that 20 percent of British Columbia’s forests are returned to Indigenous groups to be sustainably managed, while creating economic opportunities through natural resource development that respects traditional stewardship practices,” he said. 

All the promises Rustad made in his new platform are already underway as a result of work with the former NDP government and DRIPA, the FNLC noted. 

Casimer agreed. 

“There was nothing new in that [Conservative] statement,” she said, adding as far as she is aware, Rustad hasn’t taken steps to meaningfully consult with First Nations leadership around his Indigenous platform. 

“He may be leaning heavily on the Indigenous people that are running under his party, but as far as reaching out to the Leadership Council, he's not done that,” she said. 

As part of a way to access all B.C.’s provincial party leaders commitment to DRIPA and related issues, the FNLC has issued an election questionnaire to each party about its stance on the  implementation of DRIPA and other issues of self-governance like education, childcare and family services, the climate emergency and land base and resource use decisions. 

Responses from Rustad, NDP Leader David Eby and the Green Party’s Sonia Furstenau will be shared with First Nations in B.C. ahead of the election. 

The election questions posed to the party leaders reflect collective priorities from various First Nations organizations, Casimer noted. 

Treaty negotiations is a focus for the First Nations Summit as continued support for the 2019 Recognition and Reconciliation of Rights (Triple R) policy agreement that supports Indigenous self-determination, self-government and recognizes rights and title as a negotiating framework, she said. 

Another issue of concern is the climate emergency, said Casimer, adding First Nations are hit hardest by disasters such as extreme weather, wildfires and floods that result in community evacuations, damage to infrastructure and land and threaten food and water security. 

A potential government’s climate policy and legislation to advance First Nations-led climate action and leadership, and involvement in emergency management and decision making is top of mind, she said. 

However, John Rustad’s climate crisis denial is worrisome, Casimer said. 

“It’s definitely a priority for all of us, and it should be for every British Columbian,” she said.  

“This is a serious issue that is going to have detrimental impacts to our ability to be able to survive as human beings,” she said. 

Teegee isn’t confident the BC Conservatives will answer the FNLC election questionnaire but expects the NDP and Greens will make the effort. 

“It’s our expectation that if the [NDP] do make government again they will revisit the Land Act and pass the legislation as part of the commitment to DRIPA and to reconciliation,” Teegee said.

Rochelle Baker / Local Journalism Initiative / Canada’s National Observer