Khelsilem has let the cat out of the bag
By Nina Green
In his Substack, Khelsilem (aka Dustin Rivers), great-grandson of Indian activist Andy Paull, has laid out a blueprint describing what activist Indian leaders in BC intend the BC government to look like in 20 years. It’s a revelation:
In twenty years, First Nations and the Crown govern this province together. British Columbia is a place where First Nations and the Crown make decisions about the land, resources, and Indigenous matters together, as governments that recognize each other. No decision about the land, the water, or the resources of this province gets made without the nations whose territory it is at the table as equals.
Khelsilem envisages an undemocratic system in which BC is co-governed by First Nations whom 95% of the population have no say in electing.
He also envisages implementing DRIPA by replacing any judicial oversight the courts might have over that undemocratic system with an Indigenous Rights Tribunal whose decisions about BC laws could be registered and enforced as BC Supreme Court decisions:
Eby says the Court of Appeal has taken control in a way the Legislature did not intend. The answer is a specialized forum. An Indigenous Rights Tribunal, modelled on the Canadian Human Rights Tribunal, with parity appointments by the Province and by a First Nations appointment board, would hear complaints that a provincial law or decision is inconsistent with the UN Declaration. It would have power to declare inconsistencies, quash administrative decisions, order interim measures, and retain jurisdiction over compliance. Its orders would be registrable with the BC Supreme Court and enforceable as orders of that court. The generalist courts would step back because there would be a better venue. Indigenous expertise would be built into the bench.
It would be a mistake to brush this off. Khelsilem has let the cat out of the bag. This is how Indian leaders envisage BC’s future under DRIPA.
Thanks for reading. For more from this author, read Did Madam Justice Young omit from her legal analysis a crucial document which establishes that Governor Douglas never intended a reserve to be marked out at Tl'uqtinus?
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"No decision about the land, the water, or the resources of this province gets made without the nations whose territory it is at the table as equals."
So the New Westminster Indian Band of 15 motley and genetically mixed people are a nation and sit as equals with the 30 or so million in Canada who actually pay taxes?