OLSEN -- you are likely to hear confusing messages about “free, prior and informed consent” being a “veto” handed to Indigenous people; I hope to inoculate you from this virus
As we mark the 12th anniversary of the signing of the United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP), we hear from Premier John
Horgan that government will be introducing legislation this fall that formalizes
the transformation
of relationships with Indigenous people in British Columbia. A lot of
credit needs to go to Minister of Indigenous Relations and Reconciliation, Hon.
Scott Fraser and his team, for keeping this process moving.
This may sound like a big scary notion. The courts have ruled time and
time again on Indigenous rights and yet governments have continued to ignore
the court rulings and refused to change. This has created an environment of
uncertainty, tension and conflict. No one is satisfied and a new path forward
is necessary.
Furthermore, the status quo approach is simply not good enough.
Indigenous people and communities continue to be marginalized, their rights are
the same as they have always been and, until the upcoming fall session, the
province’s approach has been to either outright ignore those rights or force
Indigenous people and communities to fight and prove they exist. The result is
a great deal of uncertainty created by lawsuits, stranded assets and wasted
time and money.
Supporting the UNDRIP
The idea that we simply agree with the UNDRIP, and that we should follow
it, has been met with fear-mongering. I would like to reiterate my support for
the process to develop the 40+ articles which outline the most basic
expectations of how we would wish to be treated and we should be treating each
other.
The process and work that created the UNDRIP is a positive example of
deliberative democracy, inclusive of Indigenous perspectives, and it was
decades in the making with broad international acceptance.
This fall you are likely to hear confusing messages about “free, prior and informed consent” being a “veto”
handed to Indigenous people. I hope to inoculate you from this virus.
Adopting the UNDRIP as a piece of legislation extends no new rights. All
the rights that are considered in this document already exist. They are rights
our government has wrongly denied Indigenous people. As the Premier is clear in
his statement they are “inherent rights.”
Canadian judges have been ruling on issues relating to “consent”
since Indigenous people were finally allowed to secure a lawyer to defend
themselves in the 1950’s.
Free, prior and informed consent
It’s been a slow-moving process. In our modern society, on a variety of
fronts, we have been clarifying our expectations on consensual relationships
and interactions.
To be clear, “free, prior and informed consent” is NOT a “veto.”
It’s a process that is inclusive of Indigenous people from the very
beginning. All the outcomes (yes, no, maybe) are available, but it is a
consensual and collaborative process.
We get there together.
A veto would be giving the power to a specific group stop an initiative
once the process is complete and a decision is made.
These are important distinctions. For those who benefit from the status
quo they may wish to keep things as they are, but with respect to the broad
public interest it is important that we embrace the change. There is no doubt
that the work ahead is going to be challenging and there are many obstacles
that we must overcome. We must do so with kindness, compassion and love.
I believe we will be much more powerful when we recognize the complexity
we have inherited. A lot has been done that needs to be undone and I’m thrilled
that we are the first province in Canada with the courage to accept the
challenge!
Adam Olsen ... is a Green Party Member of the Legislative Assembly of British
Columbia for Saanich North and the Islands. Born in Victoria, BC in 1976, Adam
has lived, worked and played his entire life on the Saanich Peninsula. He is a
member of Tsartlip First Nation (W̱JOȽEȽP),
where he and his wife, Emily, are raising their two children, Silas and Ella.
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