Proposed resource projects west of Rockies need 'time-out'

The masterly-crafted ruling penned by the Chief Justice, released Thursday by the Supreme Court of Canada,lays out the evolution of aboriginal rights law from one side of the country to the other. The implications for resource development are extensive.

Before Thursdays game-changing ruling from the Supreme Court of Canada, imbuing the Tsilhqotin Nation with Aboriginal title to their homelands in central British Columbia, the following passage represented the last word in this matter from the B.C. Court of Appeal, foreshadowing the legal reality now at hand.

It is also, however, of particular importance to the economy of the province, given the continued importance of resource industries, which operate, for the most part, on lands that are subject to title claims by First Nations, read the Court of Appeal ruling.

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The SCOC ruling arrivedmere days after the Northern Gateway Pipeline received cabinet approval.

In fact, its the 10th resource decision in B.C. since the Eyford Report was presented to the Prime Minister some sixmonths ago.

In that compressed time span, natives have won eight out ofthose 10, includinginjunctions, forestry, mining, fishing, land use plans, reserve additions, legal costs and aboriginal title.

This is the overwrought legal landscape awaiting pipeline proponents, hydro projectsand the extractive industries who, in my opinion, have completely failed to properly weigh the legal clout wielded by B.C. First Nations.

Thats because project proponents are programmed to forge ahead, their lawyers showing the way in regulatory proceedings, their financial officers assuring analysts that its still business-as-usual. Nothing could be further from the truth!

This is not the time for project proponents to take the native empowerment movement for granted.

This game-changing aboriginal title ruling will now serve as a rallying point, with organizers ready to pounce on lead projects that have the temerity to proceed as if nothing of significance has transpired.

Theres also a major alignment already in place between natives and eco-activists.

Abusiness-as-usual approach may well put these projects in peril. Better to dedicate six months to diplomacy, based upon the legal winning streak that natives have earned.- Bill Gallagher

Im recommending the provincial and federal governments together call for a six month"time-out"on proposed resource projects west of the Rockies andtake this time to regroup and assess what moves towards reconciliation are in the national interest.

I believe resource proponents who barge ahead in the current environment (the climax of native empowerment) will be unwittingly "telegraphing"the message to native and eco-activist strategists that they are blind to the historic shifts playing out in B.C.s resourcelandscape.

Thus, a business-as-usual approach may well put these projects in peril.

Better to dedicate six months to diplomacy, based upon the legal winning streak that natives have earned.

Both industry and government have a lot of catching up to do after years of denial.