Commentary

B.C. Referendum: Enshrining the Status Quo

On March 15, the British Columbia Legislative Assembly approved eight referendum questions "on principles to guide the province's approach to treaty negotiations" with Canada and First Nations. Despite the fanfare surrounding the release of the referendum questions, the most striking feature of both the questions and the provincial government's approach is that both are determined to enshrine the status quo.

The Campbell government has openly stated that it will only be bound by a yes vote. In other words, no matter what the outcome, the government has already determined how to proceed. While the Campbell government claims this referendum is part of a new era and represents a sweeping change in terms of policy towards the First Nations, nothing could be further from the truth.

The first seven referendum questions all aim to enshrine as "principles to guide the province's approach to treaty negotiations" the current status quo in treaty negotiations with First Nations not only in British Columbia but across Canada. This status quo is to deny the hereditary rights of the First Nations people.

The first question, for example, raises the spectre of expropriation of private property, an argument often advanced to create a backlash against First Nations. The reality is that expropriation has already occurred. The Canadian state expropriated Aboriginal lands sold them illegally, out from under the very feet of First Nations people.

The only change from the status quo can be found in question eight. With this question, the province of British Columbia seeks not only to continue denying B.C. First Nations their hereditary rights but to charge them taxes as well.

It should be noted that the provincial government has no constitutional jurisdiction in terms of taxation, nor does it for any of the other questions, with the exception of question five. All these questions deal with areas that are clearly defined in the constitution as federal responsibilities, and any attempts by the provincial government of B.C. to apply these "principles" is certain to be successfully challenged in the courts.