Rob Shaw: In one month, Eby went from Indigenous ally to villain

The NDP government pushed through contentious legislation called Bill 15, which First Nations have pledged to protest and challenge in court.

By: Rob Shaw

Of all the premiers in Canada, the last one you’d have expected to see at war with Indigenous leaders for steamrolling reconciliation and environmental protections was British Columbia’s David Eby. His New Democratic Party has for eight years made the UN’s Declaration on the Rights of Indigenous Peoples the centrepiece of all its decision-making. Nothing was done without First Nations buy-in.

And yet, an abrupt pivot by Eby towards fast-tracking new projects in the name of economic growth has sparked an extraordinary public falling out with Indigenous leaders.

That culminated late Wednesday, when the NDP government pushed through contentious legislation called Bill 15, which First Nations have pledged to protest and challenge in court.

“Mr. Eby is a snake oil salesman,” said Don Tom, vice-president of the Union of B.C. Indian Chiefs, and a former NDP ally on UNDRIP who admitted he voted for Eby’s party in the last election.

“He’ll tell us how great it is, what the benefits are, but we know in reality that it will do us no good.”

B.C.’s legislation shares some similarities to Ontario premier Doug Ford’s mining bill, also crafted to bolster critical minerals projects in response to the United States, and also facing First Nations revolt.

Ontario’s designation of “special economic zones,” where government can exempt projects from laws, does go further than B.C.’s legislation. B.C.’s bill gives cabinet the power to designate certain mines, mills and other industrial private projects as in the provincial interest — unlocking powers to then rewrite environmental and permitting rules to fast-track them to completion.

The legislation, called Bill 15, passed only by the slimmest of margins at a late-night sitting, in a reflection of how disgruntled voters chopped down the B.C. NDP’s majority in the October election to a single seat. The legislature was actually deadlocked on the vote, with the Speaker (a New Democrat) forced to break the tie in favour of his party and avoid a snap election.

“Premier David Eby and his B.C. NDP government have abandoned the path of reconciliation by arrogantly passing Bill 15,” former federal attorney general Jody Wilson-Raybould posted on social media.

Even a former member of Eby’s cabinet, Melanie Mark, the first Indigenous minister in B.C.’s history, echoed comments that the NDP has undermined years of progress on reconciliation in one fell swoop.

“What is most astounding and disheartening is why David Eby and his cabinet are turning their backs on such a diverse group of leaders and allies like the First Nations Leadership Council, local governments, environmentalists, and business leaders,” she said.

Indigenous leaders were not consulted, and have pledged to fight the law in court because they say it infringes on their rights and title. Environmental groups have said they are appalled at what appears to be a weakening of protections in the name of expedience. Municipalities say it will trample on their local planning powers.

Eby has been unrepentant, arguing threats from U.S. President Donald Trump required an extraordinary response to get projects of economic significance built as quickly as possible. It dovetails with his sudden embrace of B.C.’s mining sector, as well as an announcement this week to push forward rapid development of critical minerals in the “golden triangle” region of the northwest, where 75 per cent of Canada’s copper reserves are located.

“They respond to a rapidly evolving situation with our biggest trading partner, the President of the United States, attacking our economy, going after our ability to support British Columbians and doing it in the name of annexing Canada as the 51st state,” Eby said.

“These are significant and profound issues that have resonated around the globe, and it is in this moment that British Columbia needs to respond.”

Still, Eby’s conversion from First Nations ally to villain has stunned the provincial political scene. All of it occurred within the span of only a month.

Partly, the premier’s doubling-down against critics is seen as a response to his forced retreat on Bill 7, different legislation earlier this spring that would have given his cabinet a blank cheque to change any law without the legislature’s approval for two years. It was roundly criticized even by former B.C. premiers as an anti-democratic power grab.

The failure of Bill 7 only seemed to steel Eby’s resolve when he introduced Bill 15. He refused to budge when attacked again for consolidating power within his office.

The B.C. NDP’s moves have, at times, flummoxed the opposition (provincial) Conservative critics. Conservatives want to repeal UNDRIP and push forward economic projects in the provincial interest beyond First Nations as well. Internally, Conservatives wrestled with whether to support the NDP. But they ultimately decided to oppose the legislation on the grounds it will open up a pay-to-play gold mine for NDP-connected lobbyists to get projects designated for special treatment from cabinet.

“What these bills actually have allowed the NDP to do is to be able to pick and choose winners and losers,” said Rustad. “They are going to pick who gets to go to the front of the line.”

“It’s a great day for lawyers, and it’s a great day for lobbyists,” added B.C. Green MLA Rob Botterell.

Rustad said Trump is just an excuse for Eby to consolidate power, after almost losing the election. He said the premier wants to “wrap himself in a flag and change his tunes.”

Eby, though, thinks Trump has fundamentally upended the traditional political calculus.

Although his New Democrat government now finds itself allied with international mining companies and the business community against local environmentalists, mayors and chiefs, the premier also believes a quick and decisive response to Trump is what most British Columbians want.

More than once, Eby has raised the prospect of an early election to test that theory — only seven months after voters went to the polls the last time.

“This opportunity that we have is not just an opportunity, it’s also a responsibility,” he said.

“A responsibility to all British Columbians to seize the moment, but a responsibility to all Canadians to ensure that our country stands on our own two feet.

“Canada depends on us to do this. Business as usual won’t cut it. Saying no won’t cut it.”

Is the B.C. NDP now turning into the party of yes on mining, resource development and economic development? It would appear so. The question remains whether the premier and his government are prepared for the fallout of their pivot, including legal challenges and protests from their former Indigenous allies.

Rob Shaw has spent more than 17 years covering B.C. politics. He now reports for CHEK News out of Victoria. He’s the co-author of the national bestselling book A Matter of Confidence, host of the weekly podcast and YouTube show Political Capital, and the weekly political correspondent for CBC Radio’s All Points West and Radio West programs. You can reach him at rob@robshawnews.com.

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