Former B.C. Attorney General Challenges Critics of Eby's Indigenous Reconciliation Efforts
Former British Columbia Liberal cabinet minister Geoff Plant has come forward with a robust defense of Premier David Eby's approach to Indigenous reconciliation, arguing that ideological attacks from opposition politicians fundamentally misunderstand established Canadian law.
Courts, Not Politicians, Determine Indigenous Rights Framework
Plant, who served as attorney general under Premier Gordon Campbell, emphasizes that judicial decisions over the past three decades have created an inescapable legal reality for provincial governments. The courts have consistently broadened and deepened Aboriginal rights and title, particularly in a province where treaties cover only limited territory.
"We live in a world characterized both by the certainty that Indigenous people have enforceable legal rights and the continuing uncertainty — with few exceptions — about where exactly such rights exist," Plant wrote in a recent article published in the Northern Beat online news service.
Navigating Complex Legal Landscape
Plant explains that provincial governments must operate within this challenging legal environment, balancing their responsibility for Crown lands and resources with the unpredictable nature of future court decisions. He argues that government initiatives aimed at achieving balance and certainty are not ideological choices but necessary responses to legal obligations.
"Government must navigate how these two interact with the province's custody, management and development of Crown lands and resources, amid the unpredictability of what the courts will do next," Plant stated.
Defending Specific Government Actions
The former attorney general specifically defends several controversial government actions:
- The abandoned proposal to amend the Land Act to provide joint management of Crown land with Indigenous Nations
- The Declaration Act, which enshrined UN Declaration on the Rights of Indigenous Peoples principles into B.C. law
- Ongoing reconciliation efforts despite criticism from opposition voices
Plant notes that without these reconciliation efforts, the province would face increased conflict, obstruction, and delay in resource development and land management.
Experience Informs Perspective
While Plant acknowledges he is not a disinterested party—he continues to represent clients on Aboriginal law matters, including the Tsawwassen First Nation—his experience gives him unique insight into the legal complexities facing the province. He played a key role in 2019 when he helped persuade the then B.C. Liberal opposition to join New Democrats and Greens in unanimous support for the Declaration Act.
"The contention that the premier of B.C. is somehow pursuing this cause as a captive of ideology may make for witty social media posts, but it is nonsense," Plant asserted in what he acknowledges is the most debatable passage of his article.
Plant concludes that Premier Eby deserves congratulations rather than criticism for his efforts to navigate this challenging legal and political landscape, arguing that the premier is responding to judicial realities rather than pursuing ideological objectives.
