Public Land in B.C. Slowly Drips Away

The B.C Conservative Party declares the NDP government is engaged in a secret land giveaway. Thousands of acres of public land held in trust for all British Columbians could be directly owned by First Nations, shifting these properties into the private domain. Some of these lands hold mineral resources, while other parcels are in major downtown areas, or contain valuable historical sites. The NDP denies that any such secret deals are taking place, but alarm bells are being raised by the Official Opposition.

"Handing over public assets at this vast scale in secret deals is a direct betrayal of our democracy that treats British Columbians, who own this province, as non-existent," said B.C. Conservative Party leader, Kerry-Lynne Findlay.

The acres of land in question are not all in remote northern areas; some are prime real estate locations in downtown Vancouver and Victoria. Land that has been in public use for decades could now be restricted access, or sold off to private investors.

Hatley Castle and the grounds around Royal Roads University — used as a backdrop in the X-Men movies and Deadpool — is the most high-profile piece of Crown land included in the treaty deal. The deal also includes about 30 parcels of land, including a parking lot beside the B.C. Legislature in James Bay, a waterfront parking lot in downtown Victoria, the Discovery Island Marine Provincial Park off Oak Bay, and Sooke Mountain Provincial Park. -CBC

The Land Is Shifting Under Our Feet

This is public land that all the residents of B.C. can use and enjoy now for free, or the cost of a parking pass, and the ground of Royal Roads University - that could be bought for only a few millions of dollars. A downtown parking lot could be torn down and replaced with high-density housing for significantly more profit. It's also worth noting that treaty land, even within an urban municipality, is beyond the reach of city zoning and land-use bylaws, potentially changing traffic patterns, utility use, and quality of life for surrounding neighborhoods without any input from other taxpaying citizens.

Public land also holds in trust vast amounts of valuable natural resources which become future provincial royalty income for spending on social programs. It warrants significant discussion whether such an important government asset should be transferred to private ownership. 

"...the Tahltan band in northwest B.C., about 200 kilometres east of Juneau, Alaska, plans on assuming control of 70 per cent of the province’s Golden Triangle, one of the largest deposits of precious minerals in the country, if not the world. The total value of gold, silver and copper deposits in the Triangle is estimated at $1.3 trillion. -Edmonton Journal

It's not just public land existing under this uncertainty; ownership of private land is also being questioned, given the concept of Aboriginal title currently being litigated. The NDP and their supporters claim this is fear-mongering and Aboriginal title is merely a symbolic gesture. But these gestures can become legally enforceable, especially when they are enshrined in provincial statutes like Declaration on the Rights of Indigenous Peoples Act (DRIPA). Once something is the law, then the courts have to enforce it.

Recent polling data suggests that BC voters are very concerned about the effect of the uncertainty around the equity in their homes - the biggest investment of most people’s lives.

The issue has given the opposition Conservatives an opening to attack the government in the lead-up to the next provincial election.

"When I was travelling around the province during the campaign, it was evident that it (land title) was the number-one issue in most people’s minds. What is their tenure on the land? What does private property entail? What’s going to happen to my equity?" Kerry-Lynne Findlay, leader of the B.C. Conservative Party.

Complicating Fee-Simple

This goes beyond simple fearmongering since the banks and insurance companies have begun to price the uncertainty into their business models. Simply put, the risk that Aboriginal title might cost property owners is being reflected in B.C. mortgage rates, according to the Appraisal Institute of Canada. 

“AIC-B.C. is aware that some valuers are attaching limitation clauses to their appraisal reports suggesting inherent assumptions that current, past and potential future land claims have not been considered in current valuation assignments,” said the association’s president, Allan Beatty, Vancouver Sun.

Concerned about perceived overreach by the courts in enforcing DRIPA, to the detriment of government-backed resource development projects, NDP Premier David Eby declared, during the spring legislative session, that some sections of the controversial legislation would need to be “paused”. Facing backlash from his own caucus, the Premier declared the changes “non-negotiable” and said he was prepared to hold a confidence vote on the issue. -CTV News

Bob Rae Versus Rachel Notley

With his government on the line, Eby faced down his own MLAs … and totally caved, shelving all legislative amendments.

There is a saying in politics that sometimes good policy can be bad politics, but given the unpopularity and the risks, why would the NDP government charge ahead with this merger of bad politics and bad policy?

It’s important to understand that the NDP views itself as an activist party, with goals of social change and a strong sense of its own moral high ground. This party does what it believes to be right, no matter what anyone else says. When the shouting stops, there is sometimes a refreshing sense of sincerity with NDP supporters, and they have learned from the past.

Back in the early 90s, Bob Rae, as NDP Premier of Ontario, decided to balance the budget despite massive deficit spending. He planned to accomplish this by raising taxes and cutting public spending. The big unions declared Bob persona non grata for this heresy, and the NDP haven’t seen a glimmer of power ever since in Canada’s largest province. Bob himself said in his book, From Protest to Power, that after his historic 1990 election win, he believed some members of his own party wanted a recount. That’s how deep the activism goes.

The lesson here is that it's better to maintain ties to the activist base and lose an election than to disappoint that base. Rachel Notley, former Alberta premier, survived her election loss in Alberta because she kept the faith and kept spending.

The sad part is true reconciliation with First Nations is long overdue and necessary, but without truth and transparency we risk another generation of grievances. When people feel their homes are at risk, suddenly reconciliation is no longer their primary concern. It’s possible the NDP government is right to say the risks are being blown out of proportion to the facts, but it’s hard to deny it does benefit the government to say that. The NDP may be willing to lose an election to accomplish its goals, but it's far better to win. Knowing that Aboriginal title and land transfers are deeply unpopular outside their base, the NDP has a significant interest in keeping these deals as far off the public radar as possible. This one issue could alter the outcome in marginal ridings in affected regions.

Time will tell where Premier David Eby ranks in the pantheon of NDP Premiers. If he survives long enough.