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First Nations warn of legal challenges, protests over B.C. infrastructure bills

Regional Chief Terry Teegee says he expects there will be legal challenges and public protests if the NDP pushes through a pair of controversial infrastructure bills.

He and other members of the First Nations Leadership Council (FNLC) met virtually with Premier David Eby Thursday to voice their concerns about Bills 14 and 15. Teegee says that meeting was โ€œdisappointing.โ€

โ€œFor many First Nations across this province [the bills are] a step backwards in terms of reconciliation. Itโ€™s a step backwards in terms of commitments to implementation of the Declaration of the Rights of Indigenous People Act,โ€ Teegee said.

The bills would give the government broad powers to fast-track permitting and approvals for renewable energy and infrastructure projects.

Eby said in an op-ed published by the Vancouver Sun, โ€œThese new tools will be used responsibly โ€” not to bypass necessary consultation or rush controversial projects like LNG terminals or oil-and-gas pipelines.โ€

Infrastructure Minister Bowinn Ma acknowledged at the legislature this week that the timeline for consultation on Bill 15 was โ€œshorter than we would have liked.โ€ But she insists the bill is not a backslide on the governmentโ€™s commitments to First Nationsโ€™ rights, and says deeper consultations will follow.

The FNLC is calling on the government to withdraw or at least press pause on the bills.

First Nations Summit Political Executive Robert Phillips notes itโ€™s much easier to reform a bill than a law thatโ€™s already in place. He said he doesnโ€™t understand why the government wonโ€™t delay the legislation until the fall sitting of the legislature to allow more time for consultations.

โ€œThese projects are pretty major and itโ€™s going to take years to buildโ€ฆ so I donโ€™t believe six months would derail any project whatsoever,โ€ Phillips said.

Teegee said he understands the government wants to get projects built faster, especially with the economic uncertainty caused by the Trump administration in the U.S.

But he says that shouldnโ€™t come at the cost of reconciliation and meaningful consultation with First Nations.

โ€œThe fact of the matter is that some of these projects will have long-standing implications to many First Nations territories beyond two years, beyond four years of the Trump administration, and weโ€™ll have to live with the legacy,โ€ Teegee said.

Bill 14 would put the B.C. Energy Regulator โ€“ a crown corporation funded by the oil and gas industry โ€“ in charge of permits for renewable energy projects. Bill 15 would grant the infrastructure minister broad powers to fast-track a project deemed โ€œprovincially significant.โ€

The minister would then have the power to order an โ€œexpeditedโ€ environment assessment, override municipal concerns and take other steps to get those projects built faster.

The Union of B.C. Municipalities has also expressed concerns about Bill 15, saying the process has been rushed and did not include meaningful consultation with the municipalities.

โ€œAs has been proven in the past, a fast-tracked approach that skips over consultation is more likely to lead to unintended consequences,โ€ the union said in a statement earlier this month.

The bills have also faced criticism from the Opposition Conservatives, the Greens, and environmental and legal groups.

However the NDP government appears intent on getting the bills through before the legislature breaks for the summer.

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