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New B.C. guidance provides government with a framework for working with Indigenous Peoples to develop provincial laws and policies.

New guidance on legislation supports Indigenous rights

By Richmond Sentinel

Published 10:29 PDT, Wed October 26, 2022

Last Updated: 10:32 PDT, Wed October 26, 2022

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New guidance for the B.C. government from the Declaration Act Secretariat provides best practices for working with Indigenous Peoples on the development of provincial laws and policies, which advance Indigenous rights.

The Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim Approach) is a world-leading project released by the province's new Indigenous-led Declaration Act Secretariat.

"After 150 years of a colonial approach to law and policy-making, we have, for the first time, guidance for government on how to work co-operatively and consistently with Indigenous Peoples in the law-making process," said Murray Rankin, Minister of Indigenous Relations and Reconciliation and Minister Responsible for the Declaration Act Secretariat. "As we approach the third anniversary of the adoption of the Declaration on the Rights of Indigenous Peoples Act, this is a very important step. It brings together what we have learned through legislative and policy initiatives since 2019 and will help government further transition to an approach that involves working together to meet our reconciliation objective to implement the UN Declaration on the Rights of Indigenous Peoples."

The Interim Approach is the first outcome delivered by the Declaration Act Secretariat, which was formed earlier this year. The secretariat is led by associate deputy minister Jessica Wood/Si Sityaawks, and was created to co-ordinate and assist cross-government actions to ensure provincial laws align with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as set out in Section 3 of B.C.'s Declaration on the Rights of Indigenous Peoples Act (Declaration Act).

This new approach provides every ministry and sector of government with clear, transparent processes for how they work together with Indigenous Peoples in developing provincial laws, policies, and practices, as required under the Declaration Act.

"The interim process is another critical step forward, and we recognize the collective efforts, particularly by the Declaration Secretariat, for co-developing a transparent, system-wide process on how to align provincial laws with the UN Declaration,” said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs. “We cannot underestimate how challenging it is to effect systemic change and we welcome this new process, which identifies clear roles for Indigenous Peoples in alignment of laws and will facilitate implementation of the Declaration on the Rights of Indigenous Peoples Act."

The Interim Approach will help government fulfil its law-making commitments under the Declaration Act, as the province is committed to approaching policy and legislation development that may affect Indigenous Peoples in a manner that ensures Indigenous Peoples are fully involved partners in the process and government has met the obligation to their seek consent.

This approach directly responds to the UN Declaration, which emphasizes the rights of Indigenous Peoples to influence the outcome of decision-making processes, not only the right to be heard, on matters affecting them.

While the Interim Approach was created by the Declaration Act Secretariat, it was developed in consultation and co-operation with Indigenous leadership, ensuring Indigenous rights are affirmed through this work.

"We accept all steps forward as positive and incremental steps. In this vein, we welcome the implementation of the interim legislative process and greater whole-of-government mechanism that the secretariat may represent. These achievements are tangible but also bitter sweet. Our Peoples, all British Columbians expect this government to advance reconciliation not just on paper but in concrete and measurable steps,” said Regional Chief Terry Teegee of the BC Assembly of First Nations.

The secretariat may update the Interim Approach periodically to incorporate new information and advice from Indigenous Peoples, as well as developments to implementing the Declaration Act.

To learn more about the Declaration Act and the Declaration Act Secretariat, visit declaration.gov.bc.ca