B.C. saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.

The law 鈥渇undamentally changed the relationship鈥� between First Nations and the province, said Terry Teegee, regional chief of the B.C. Assembly of First Nations.

鈥淩ather than having some sort of consultation, right now we鈥檙e actually talking about shared decision-making,鈥� Teegee said in an interview.

John Rustad threw his support behind the legislation as a member of the Official Opposition B.C. Liberal Party, but as the B.C. Conservative leader he has since signalled his intention to 鈥渞epeal鈥� the law if his party wins the Oct. 19 provincial election.

Rustad said in a statement on the Conservatives鈥� website last February, that the UN declaration, known as UNDRIP, was 鈥渆stablished for conditions in other countries 鈥� not Canada.鈥�

Teegee said Rustad was 鈥渃reating enemies鈥� with First Nations.

鈥淎s we come to Sept. 30, he鈥檚 repealing, in a way, reconciliation,鈥� Teegee said in an interview ahead of the National Day for Truth and Reconciliation. 鈥淗e鈥檚 undoing a lot of the good work that many people in this province have worked toward.鈥�

B.C.鈥檚 legislation adopts the declaration as the framework for reconciliation and charts a path for the province to negotiate agreements with First Nations aimed at establishing shared decision-making in their territories.

It has led to changes in provincial laws related to land management, including mining and forestry, and it has helped facilitate progress in returning jurisdiction to First Nations over the welfare of their children, Teegee said.

Unravelling the nearly five-year-old legislation would set reconciliation back in B.C., he said, leaving First Nations without a forum to hold constructive discussions about the recognition of land rights and shared decision-making with the province.

鈥淚 think it (would) bring us back to 40 years ago, maybe even longer, when the first court cases began by the Nisga鈥檃 and Calder,鈥� he said, referring to a landmark case that led to the Supreme Court of Canada recognizing Aboriginal title in 1973.

鈥淚f we鈥檙e at odds with each other, then many First Nations will continue to do what they did before, (which) was to go to court,鈥� he said. 鈥淚t leaves a lot of uncertainty.鈥�

The Canadian Press requested an interview with Rustad related to his stance on B.C.鈥檚 declaration legislation, but did not receive follow up to arrange a call.

Conservative candidate A鈥檃liya Warbus, a member of the Sto:lo Nation, said asking Rustad about the declaration was 鈥渢op of mind鈥� when she first met him.

鈥淲hat the heck? Why would we take this legislation? We fought hard, Indigenous communities, for our rights and recognition of those rights, and upholding social determinants of health in our communities, and this legislation helps us do that.鈥�

But Warbus, who is running in Chilliwack-Cultus Lake, said she was 鈥渞eally satisfied鈥� with her conversation with Rustad.

She said Rustad 鈥渆xplained鈥� that adopting an international framework such as UNDRIP wasn鈥檛 the right fit for B.C.鈥檚 context, with more than 200 unique First Nations and vast traditional territories that aren鈥檛 covered by treaties.

Warbus said B.C.鈥檚 declaration legislation is 鈥�97 per cent good,鈥� but the application of free, prior and informed consent had not been settled in the province.

She pointed to conflict over the Coastal GasLink pipeline in northwestern B.C.

Opposition among Wet鈥檚uwet鈥檈n hereditary chiefs to the 670-kilometre pipeline sparked rallies and rail blockades across Canada in 2020, while the elected council of the Wet鈥檚uwet鈥檈n First Nation and others nearby had agreed to the project.

鈥淭hat was a key example of how free, prior, informed consent, without definition, doesn鈥檛 tell us who gets to make that decision at the end of the day,鈥� Warbus said.

The 670-kilometre pipeline was mechanically completed in November 2023 and an update posted to the project website in June says the focus had turned to the safe operation of the pipeline system as well as cleanup and reclamation work.

鈥淭here鈥檚 no impetus from me or the party to go backwards on reconciliation at all,鈥� said Warbus, whose father is former B.C. lieutenant-governor Steven Point.

The switch in Rustad鈥檚 stance on the declaration came as he was speaking out against proposed changes to B.C.鈥檚 Land Act, which have since been scrapped.

The Conservative statement last February starts by saying the changes were an 鈥渁ssault鈥� on private property rights and the right to access shared Crown land.

鈥淐onservatives will defend your rights to outdoor recreation 鈥� and your water access, as well as B.C.鈥檚 mining, forestry, agriculture sectors and every other land use right,鈥� said the statement posted by Rustad.

A provincial consultation presentation said the proposed changes would have opened the door for shared decision-making under the Land Act, but nothing would require the province to enter into such an agreement with a First Nation.

鈥淭he public interest will be a critical part of any provincial government decision to enter into a negotiation of an agreement,鈥� the slide deck said.

The B.C. government announced later in February it was dropping the plan.

At the time, the minister of water, land and resource stewardship, Nathan Cullen, issued a statement saying 鈥渟ome figures (had) gone to extremes to knowingly mislead the public about what the proposed legislation would do.鈥�

Cullen said he spoke with many people during the consultation process who were 鈥渟urprised to learn that the claims being made 鈥� were not true and that there would be no impacts to tenures, renewals, private properties or access to Crown land.鈥�

B.C. Indigenous leaders, including Teegee, have said Rustad was making false statements about the province鈥檚 plan and stoking anti-Indigenous sentiment.

In an interview, Teegee said Rustad was engaging in 鈥渇ear mongering鈥� and using First Nations as a 鈥渨edge issue鈥� for political gain ahead of the election.

鈥淚 don鈥檛 think he can be trusted.鈥�

Rustad led the Ministry of Indigenous Relations and Reconciliation in Christy Clark鈥檚 Liberal government, the department was then called Aboriginal Relations,and his statement in February says he signed 435 agreements with First Nations during his tenure as minister.

鈥淭hrough this economic reconciliation, we saw First Nations communities rise up from impoverished conditions and truly begin to thrive,鈥� the statement says.

Teegee, however, said many of the First Nations leaders who signed agreements during that time would have 鈥減lugged their nose and signed them.鈥�

鈥淪ome of those First Nations signed them under duress and put that in their agreement themselves. I know my nation did, stating that this wasn鈥檛 accommodation,鈥� said Teegee, a member of the Talka Nation in northern B.C. who previously served as tribal chief of the Carrier Sekani Tribal Council.

When asked about criticism of Rustad by other Indigenous leaders, Warbus said it鈥檚 鈥渁ll the more reason to work with him, all the more reason to be directly involved.鈥�

鈥淚 feel strongly that Indigenous people need to be inside, involved on the ground, at the legislature level, and that is why I鈥檓 doing this,鈥� she added.