Columbia River-Revelstoke MLA Scott McInnis has introduced a private member’s bill aimed at increasing public access to information about Aboriginal title claims across British Columbia.
The proposed Aboriginal Title Transparency Act would require the provincial government to publicly disclose claims filed against the Crown, notify affected communities, and provide annual updates to the legislature on ongoing claims and related agreements.
McInnis, who serves as the Official Opposition’s indigenous relations critic, said the proposed bill is intended to address what he described as a lack of accessible information for residents, local governments, and businesses.
“Right now, British Columbians are in the dark,” McInnis said. “Property owners do not know whether their titles are affected. Municipalities do not know what claims have been filed in their regions. Businesses cannot make investment decisions when the rules could change without public notice.”
According to McInnis, the bill would establish a free, publicly accessible online registry listing active Aboriginal title claims in the province. It would also require that local governments be notified when claims involve land within their boundaries.
“The public really wants to be informed of this,” McInnis said, speaking with reporters at the legislature on Monday, March 30. “These are really, really important times in B.C. right now, we’re talking about reconciliation. This is an easy step and I really hope all members will support the bill moving forward.”
Additional provisions would require the disclosure of agreements or ongoing negotiations between the province and First Nations related to land claims, as well as formal notice filings with the Land Title Office.
The proposal also calls for an annual report to the legislature detailing each active claim, including its status, geographic scope, any financial commitments by the Crown, and settlements or agreements reached.
McInnis said that while the B.C. Treaty Commission does have information on the various nations engaged in the treaty process, claims of Aboriginal title in the court are much more difficult, if not impossible, to access.
The bill comes amid broader discussions in B.C. about land and resource rights, following recent court decisions related to mineral claims and Aboriginal title. These developments have raised concerns among property owners, industry representatives, and local communities, according to McInnis.
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”Very simply, those that own private property, who are potentially under an active claim of Aboriginal title which is a protected right under Section 35 of the constitution, it just allows them to know the status of their private property,” McInnis said.
“Obviously with the Cowichan decision, there has been some uncertainty when it comes to the relationship between the simple private property ownership and the Aboriginal title so it just lets the public be aware of potentially where an official claim has been filed before the courts or is under negotiation.”
McInnis also criticized the provincial government’s use of non-disclosure agreements in consultation processes, saying they contribute to uncertainty.
“Transparency is not a partisan issue,” he said. “British Columbians deserve to know what claims are being made on the land around them.”
The B.C. Conservative caucus is calling on the provincial NDP government to support the bill and to end the use of non-disclosure agreements in land claim consultations, including those connected to the Declaration on the Rights of Indigenous Peoples Act.
READ MORE: B.C. government won’t reveal DRIPA changes as First Nations consultation begins
”I just see this as a really clear step towards that transparency with the public and hopefully it leads to increased communication between First Nations and the public, with their claims of Aboriginal title, so there can be discussions made as far as what the intent is, what the geographical scope of the title claim area is.”
McInnis added this is the first of a few different ideas he has moving forward targeting increasing communication and transparency between the public, the provincial government and the First Nations, and that he looks forward to bringing this bill at second reading debate during his allotted private member’s time.
It is rare for private members’ bills introduced by Opposition MLAs to pass into law, with Conservative MLA Jody Toor’s Perinatal and Postnatal Mental Health Strategy Act being the only one to have passed in recent decades.
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