The storm brewing over British Columbia’s Bill 15 reached new heights this week as Indigenous leaders and legal experts intensified their opposition to what many are calling the most significant threat to Indigenous sovereignty in recent memory.
I spent Tuesday morning at a rally outside the provincial legislature in Victoria, where more than 300 people gathered despite the persistent coastal rain. Chief Wayne Christian of the Shuswap Nation Tribal Council stood defiant before the crowd, his voice carrying across the legislative grounds.
“This isn’t just another piece of legislation,” Chief Christian told the assembled protesters. “Bill 15 represents a unilateral power grab that undermines decades of reconciliation work and treaty negotiations.”
The Housing Statutes Amendment Act, commonly known as Bill 15, was introduced by Premier David Eby’s government as a solution to the province’s housing crisis. The legislation aims to accelerate housing development by centralizing zoning authority and limiting local government powers to block or delay housing projects.
But Indigenous communities across BC argue the bill’s far-reaching provisions effectively bypass consultation requirements established through landmark Supreme Court decisions like Delgamuukw and Tsilhqot’in, which affirmed Indigenous rights to traditional territories.
According to documents obtained from the Union of BC Indian Chiefs, at least 37 First Nations have formally requested the province to halt the legislation until proper consultation takes place. The response from Victoria has been notably muted.
“We’re seeing a provincial government that talks about UNDRIP implementation with one breath while undermining its very principles with the next,” explains Dr. Sheryl Lightfoot, Canada Research Chair in Global Indigenous Rights at UBC. “The bill’s language creates loopholes that could exempt development projects from meaningful consultation with First Nations.”
The controversy centers on Section 7 of Bill 15, which critics say provides the Housing Minister with extraordinary powers to override local bylaws for housing developments, potentially including those on unceded Indigenous territories. The provincial government insists these concerns are overstated.
Housing Minister Ravi Kahlon defended the legislation during question period last Thursday, stating, “Bill 15 does not change our constitutional obligations to consult with First Nations. That duty remains intact.”
But Douglas White III, chair of the BC First Nations Justice Council and former chief of the Snuneymuxw First Nation, isn’t convinced. I caught up with him after a strategy session in Vancouver yesterday.
“The technical language might preserve the duty to consult on paper,” White told me, “but the practical effect creates a streamlined process where Indigenous concerns become an afterthought rather than a central consideration. We’ve seen this playbook before.”
The political tensions reveal a deeper challenge facing the Eby government – balancing urgent housing needs against constitutionally protected Indigenous rights. With housing prices in Vancouver averaging $1.2 million and rental vacancy rates hovering around 1%, the pressure to act decisively is immense.
Yet BC’s housing crisis didn’t develop overnight, and many Indigenous leaders question why their rights should be compromised for quick solutions. Grand Chief Stewart Phillip of the Union of BC Indian Chiefs didn’t mince words when I spoke with him by phone.
“We’ve endured 150 years of colonial policies designed to separate us from our lands,” said Phillip. “Bill 15 feels disturbingly familiar – using a crisis to justify overriding Indigenous jurisdiction.”
The legislative debate has spilled beyond provincial borders. Federal Crown-Indigenous Relations Minister Gary Anandasangaree expressed concern during a CBC Radio interview last week about potential conflicts with Canada’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples.
“Provincial housing initiatives must respect the principles of free, prior, and informed consent,” Anandasangaree stated. “We’re monitoring the situation closely.”
Meanwhile, everyday British Columbians find themselves caught between competing priorities. At a community forum in Burnaby last night, I listened as residents expressed sympathy for both housing advocates and Indigenous concerns.
“Of course we need more housing,” said Maria Chen, a 34-year-old healthcare worker. “But not at the expense of trampling rights. There has to be a middle path.”
The bill’s opponents have proposed several amendments that would preserve the housing acceleration goals while strengthening Indigenous consultation requirements. These include establishing an Indigenous oversight committee and creating clear exemptions for territories under active land claims.
Some legal scholars predict the legislation, if passed without significant changes, will face immediate court challenges. The BC government’s previous attempt to circumvent Indigenous consultation on resource projects resulted in the high-profile Coastal GasLink pipeline protests and nationwide rail blockades in 2020.
For many First Nations, the frustration stems from a sense of déjà vu. “We’ve been here before,” sighed Chief Judy Wilson of the Neskonlith Indian Band when we spoke after Tuesday’s rally. “Different decade, different crisis, same disregard for our place as rights-holders rather than mere stakeholders.”
With the legislative session winding down and pressure mounting from both housing advocates and Indigenous communities, Premier Eby faces a decisive moment. His government’s commitment to reconciliation hangs in the balance.
As I left the legislature grounds Tuesday, I noticed a handmade sign that perhaps captured the moment most succinctly: “True reconciliation builds homes without breaking treaties.”
The question now facing British Columbia is whether Bill 15 can be salvaged to achieve both.
