On this edition of Journal: another hitch in the plan for a smooth path to reconciliation in British Columbia.

First, we had the BC government’s introduction of the Land Act, which unsettled many of its assertions of co-management with First Nations of all the Crown land in the province. The Act was withdrawn, but not before some name-calling.

But then in a splashy press conference, Premier Eby announced the granting of aboriginal title to Haida Gwaii. When people of all stripes and professions raised questions about what that would mean for private property owners, the Premier announced again and again it would not affect private property.

And then, boom – there was the court decision granting aboriginal title over land in Richmond to the Cowichan, with the Judge suggesting – despite what had been asserted by Premier Eby – there were issues around private property rights.

Finally, last month in another twist on this reconciliation journey, a different judge in a separate case found that BC’s mineral claims regime, fundamental to our hoped for resurgence in mining, is inconsistent with the province’s own declared law, DRIPA – the Declaration on the Rights of Indigenous Peoples Act – because mining claims were made before receiving free, prior, and informed consent from First Nations.

With all of this cumulative confusion and uncertainty, is it any wonder that support for reconciliation has fallen in recent polls?

Joining me to make sense of all this is Thomas Isaac. As one of our country’s leading experts on aboriginal title and the law, he has concerns about what he is seeing in BC.

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