CKNW Editorial
for March 8, 2001

Forgive me if I go over old ground today but you will remember earlier this week I asked Gordon Wilson about the Nicola Lakeshore case. That is the case where a developer of private land got his development approved by the Thompson-Nicola Regional District, and Highways, which exercises put them through more than the usual number of hoops … only to have final BC government approval refused because three local Indian bands object. There were, you may remember, a couple of public hearings. Remember, this was private, fee simple property, not crown land.

To me this looked then and looks today like another Carrier case.

During the course of the approvals process, the natives wrote to Gordon Wilson who was then Aboriginal Affairs Minister and he quite properly reminded then that since this was private property, there was nothing he could do. During and right after my earlier interview with the Nicola Lakeshore people I spoke, on air, with two native leaders from the area. I got the distinct impression that unless they got into the deal, they would put up roadblocks.

At the end of Monday’s interview of Mr Wilson on the Softwood Lumber dispute, I asked him about this case and read to him the relevant portion of his letter and put to him that this looked to me like Carriere all over again.

There followed some classic political babble the likes of which we have come to expect of this government. We heard a lecture about how Indians had been wards of the state and not even citizens. I put to him that the reasonable inference to draw from the two native leaders I spoke to was that they really wanted a piece of the action and Mr Wilson replied that he could understand this … how they, seeing development all around them would want a piece of this action.

I am truly flabbergasted by this reply and was grateful that time had run out because I was literally speechless.

Let’s think about this for a moment. A senior cabinet minister in this government has – and this does not go too far – invited those native bands not in the treaty process to demand, as a price for not setting up roadblocks and the like, part of whatever development might take place nearby on private property! This takes the breath away. This isn’t the rule of law but the law of the Mafia where, if you want to be in business you must take in certain partners or you’ll find your plate glass window shattered and your tires slashed

What this means is that no investment will happen in private property anywhere near native bands that have not entered the treaty process. Moreover, it renders this property virtually worthless. One might note that this particular property is outside the Agricultural land Reserve.

I touched on this last week but I think we had better think on it again. The entire city of Vancouver is under overlapping land claims. The bands in question are in the treaty process and they have given the same undertaking that other bands in the process have … to respect private property … it being understood that money will be paid in lieu. This means that Greater Vancouver can continue to function, property is bought and sold … and subdivided and developed. The only difference between the Nicola Lakeshore situation and a Vancouver subdivision is that in the former case the bands are not in the treaty process and will not respect private property.

What, then, if, say the Musqueam, tiring of the time it takes to negotiate a settlement within the process says to hell with it … we withdraw. I don’t say for a moment that will happen, but what if? Is it the policy of the Province of British Columbia that if a non process band objects to a use of private property, within the law, by its owner, that they will have their way? That they can blockade as they please? And that the government will hold up approvals?

This is serious business, folks, because the NDP has decided that to some people the law of the land doesn’t apply.

I have spoken about how they have done things in New Zealand and they have done two things. Private property is not on the table and there is a limited global amount that small country (with about the same population as BC) can afford to pay. We must have ground rules like this.

The Nicola Lakeshore people are entitled to just what we are all entitled to – protection of our rights by the state. If the right of private property is not secure for some, then it ought not to be for all. If it is secure for some it must be secure for everyone.

I believe that most British Columbians want fair settlement of native claims including land claims. But there are some things that are irreversible and one of those is private property. This principle must be stated in clear terms by Ujjal Dosanjh and his party and that statement must be made now.

The NDP cannot be allowed to let this issue float.