Invitation or Illusion?
Behind Bill 15’s “invitation” to First Nations lies a broken promise and unilateralism
On Thursday May 15, 2025, sitting in the Douglas Fir committee room, I listened as Infrastructure Minister Bowinn Ma said that her ministry had “invited” all 204 First Nations to participate in the developing of Bill 15. I chased down a copy of those “invitations” and let’s be clear, they offered no opportunity for co-development, no opportunity to review the content of the bill, and no attempt to integrate feedback.
The letters had two dates March 21st and 26th and they were inviting First Nations to attend an “introductory information session” on April 4th. The subject of the correspondence outlined its focus—it was an invitation to First Nations to “consult on proposed new legislation creating the Ministry of Infrastructure.”
The first part of Bill 15 does officially create the Ministry of Infrastructure, and it is the least controversial aspect of the bill. The letters go on to outline the intention of the province to “enable the government to expedite provincial infrastructure projects” and “speed up approvals and permitting.” The Ministry let First Nations know that they intended on providing “a broad set of general and specific powers” and that the legislation will not “remove or reduce government’s commitments to reconciliation and consultation.” They end the letter stating, “this will not be your only chance to inform this work,” committing that “other engagement opportunities will be available to collaborate.”
When the opposition questioned Minister Ma in committee on Bill 15, she confirmed that the information sessions were held before drafting the legislation, and during those sessions her Ministry presented “concepts”, noting the “legalese” was drafted later. From my experience working through legislation, the devil is rarely conceptual, the devil is always found in the detail.
The Ministry’s consultation “invitation” is little more than a vague an FYI email. Now we see the content of Bill 15, it is clear Minister Ma and Premier David Eby have emptied Indigenous consultation of meaning. There are no other opportunities to consult on the legislation, Premier Eby sent that message directly to First Nations leaders himself, and the bill is absolutely a case of the province walking back reconciliation and consultation.
DRIPA: Violated and Admitted
Section 3 of the Declaration on the Rights of Indigenous Peoples Act (a provincial statute) states, “in consultation and cooperation with the Indigenous peoples in British Columbia, the government must take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration.” The Ministry of Infrastructure ignored this law.
It was tough to hear Minister Ma say on the record, “I want to acknowledge that we did not follow the interim approach that our government had agreed on, and that was clearly the error that we had made.” The interim approach the Minister referred to, has been in place since October 2022. Up until Minister Ma’s Bill 15, the provincial government was still trying to comply with the policy that “was developed in consultation and cooperation with Indigenous leadership, ensuring rights are affirmed through this work.”
As the First Nations leadership in British Columbia issues yet another condemnation, Minister Ma and Premier Eby insist on passing the bill and even using time allocation to force it through if necessary.
The Decision to Exclude
To add insult to injury, in the Committee debate the previous evening, Minister Ma justified her unilateral departure from the interim protocol, because she “interpreted that interest would be quite low from First Nations because we did not interpret the tools we had provided in this legislation as impacting First Nations.”
The reason we have a Declaration Act, and an Interim Approach, is because for decades the provincial government has acted unilaterally, deciding what First Nations are and are not interested in. That approach was no longer acceptable. Minister Ma and Premier Eby appear determined to drag us back there.
It is disturbing to witness people I celebrated the passing of the Declaration Act with, people who gladly accepted the gratitude and good feelings, now leading this regression!
The Political and Relational Costs
Minister Ma and Premier Eby have blindsided First Nations leadership with a political sucker punch. They appear to be undeterred in their effort to turn the clock back on Crown-Indigenous relationships to the dark days of the BC Liberals.
First Nations leaders have been clear and consistent in their rebuke.
“We have literally spent decades building principled frameworks and processes to lead us to reconciliation and shared prosperity in this province.” Robert Phillips, Political Executive Member of the First Nations Summit
“The province continues to stubbornly advance Bills 14 and 15 regardless of the political and relational costs.” Grand Chief Stewart Phillip, of the Union of BC Indian Chiefs
“We stand united in our call for the withdrawal of Bill 15.” Terry Teegee, Regional Chief of the BC Assembly of First Nations
The provincial government delivered a vague invite 7-10 business day before a virtual information session to talk about “concepts” of a plan to create the Ministry of Infrastructure and streamline approval processes. Then in debate the Minister brazenly goes on the record admitting she unilaterally re-wrote government policy, as well as unilaterally deciding First Nations wouldn’t be interested in the issue. This is not the behaviour of a democrat, and is totally unacceptable.
Time to Act!
All British Columbians should be concerned. First Nations are not the only groups Minister Ma and Premier Eby are offending. Local governments are also concerned. Cllr. Trish Mandewo, President of the Union of BC Municipalities highlighted “local governments welcome provincial efforts to expedite project development, but not through transferring power from communities to Victoria… it’s time for the province to withdraw Bill 15.”
I encourage all British Columbians to write their MLA, Premier Eby, and Minister Ma demanding they withdraw Bill 15 and engage First Nations to repair the damage they have unnecessarily caused. First Nations and local government leaders have been clear they do not oppose infrastructure projects, they stand united in opposition to unilateralism and the centralization of power.
It is time for the Minister of Indigenous Relations and Reconciliation, Hon. Christine Boyle, to stand in solidarity with First Nations people and the decades of investments that have been made in advancing Crown-Indigenous reconciliation. This is the moment we need our Minister to have a powerful voice in caucus, and in public.
I urge all British Columbians to:
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Talk to your friends and neighbours.
Write your MLA and copy the Premier and Cabinet Ministers to demand they withdraw Bill 15.
Find your MLAs email and contact information.
cc.
Premier David Eby - premier@gov.bc.ca
Deputy-Premier Niki Sharma - AG.Minister@gov.bc.ca
Hon. Christine Boyle - IRR.Minister@gov.bc.ca
Hon. Tamara Davidson - ENV.Minister@gov.bc.ca
Hon. Randene Neill - WLRS.Minister@gov.bc.ca
Good Job Adam
I don’t understand the direction of the NDP it’s certainly not the same as when John Horgan was in charge.