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Criticism mounts over B.C. referendum plan

by Allison Lawlor

Globe and Mail, April 9, 2002

Criticism continued to surround the B.C. Liberal government Monday for its controversial move to hold a referendum on treaty negotiations.

The environmental group the David Suzuki Foundation, the British Columbia Federation of Labour, the Council of Senior Citizens' Organizations and the Vancouver Status of Women, among others, were the latest to speak out, joining other native, religious and political leaders who have voiced public concern about the mail-in ballot that was sent out to more than two million British Columbians last week.

Meanwhile, another native band has launched a court challenge against the referendum. Robert Morales, a spokesman for the First Nations Treaty Negotiations Alliance, said his group will take the government to court arguing it is a breach of the Constitution "to put the rights and interests of First Nations in current and future treaty negotiations to a vote of the majority of British Columbians."

Jim Sinclair, president of the B.C. Labour Federation, joined his voice to the chorus of protest Monday saying that: "The referendum has got less to do with democracy and more to do with cheap politics and it will not unite this province to solve our problems," he said.

"It will not allow us to proceed with an economic future where all British Columbians can share, including aboriginal people."

His group, which held a news conference Monday, is advocating voters boycott the referendum.

The David Suzuki Foundation also encouraged British Columbians on Monday to boycott.

"Several questions in this ill-advised and poorly worded referendum could actually prevent innovative new approaches to forestry," Jim Fulton, the foundation's executive director, said in a news release.

The referendum is not just a violation of native rights, but it could also reduce environmental standards to the lowest common denominator, Mr. Fulton said.

Agreements on environmentally-friendly forestry practices on B.C.'s north coast could be threatened because of the referendum, the foundation said Monday.

The agreements could be threatened because a binding vote will likely delay treaty negotiations, the foundation said, adding that some of the questions on the referendum are worded in ways that could prevent higher environmental standards from being established.

In an unprecedented move into provincial politics, the Anglican Church in British Columbia announced late last week that a pastoral letter would be read out on Sunday urging the faithful to consider standing against the government in the referendum.

Calling the referendum wrong-headed and inappropriate, Archbishop David Crawley said that Anglicans in 200 parishes will be urged to vote No on all eight questions, or to return blank ballots to show solidarity with natives.

Attorney-General Geoff Plant said that people who don't vote in the referendum will leave decision-making on treaties up to others.

"People who choose not to participate for whatever reason are essentially saying that they don't mind if other voters decide how the province should approach treaty making. If people are willing to do that, that's their business," Mr. Plant said Monday.

Mr. Morales, chief negotiator of the Hul'qumi'num Treaty Group, said the First Nations Treaty Negotiations Alliance will argue that the referendum is discriminatory and that the provincial government has exceeded its jurisdiction by conducting the referendum.

"The treaty process involves three equal participants - the governments of B.C. and Canada and First Nations," said Mr. Morales, whose group represents 40 First Nations involved in treaty negotiations.

"Without any consultation or input from the other participants, the Liberal government through its referendum, is now trying to change the rules that were in place when First Nations made the decision to borrow millions of dollars to participate in treaty making."

An earlier court challenge of the referendum was dismissed.

The British Columbia New Democratic Party has also asked its supporters across the province to boycott the referendum.

"There should be no referendum on minority rights," party president Maura Parte said in a news release last week. "It's a waste of money at a time when the Liberals are crying poor, and instead of bringing British Columbians together it's going to drive us apart."

New Democrat Jenny Kwan wants voters to send their ballots to her party so they can be disposed of, while native leaders want the ballots sent to them instead of the government.

Natives have made claims to almost all of the land in the province. Negotiations over the past decade, which have cost more than $500-million, have failed to bring any settlements.

The B.C. Liberal government mailed out ballots last week for a referendum on principles that are intended to provide new direction to provincial officials in negotiations on treaties. British Columbians have been asked to vote Yes or No on eight statements that critics said are shaped to ensure results supporting government policy.

With reports from Canadian Press

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