On Sept. 30, people wore orange shirts to honour survivors, individuals, family and community members who have endured the intergenerational impacts of residential schools.
For some, this is a time to learn about First Nations culture and listen to survivors talk about truth and reconciliation. In archaeology, one aspect of reconciliation that needs to be addressed is the Heritage Conservation Act (HCA).
The HCA is provincial legislation intended to encourage the protection and conservation of cultural heritage in British Columbia.
Currently, there are more than 60,000 protected heritage sites in the provincial registry. More than 90 per cent of these sites are of First Nations origin. For several years, there have been formal and informal discussions with First Nations, heritage professionals and academics about the effectiveness of the HCA. These discussions may soon result in changes to the HCA through the collaborative work being completed under the Heritage Conservation Act Transformation Project.
The HCA Transformation Project has been launched to reform the HCA and ensure provincial heritage legislation is consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
In 2021, the federal UNDRIP Act was announced. It “provides a road map for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing and cooperative relations”.
On a provincial level, British Columbia passed The Declaration on the Rights of Indigenous Peoples Act (Declaration Act) in 2019. The Declaration Act establishes the UN Declaration as the province’s framework for reconciliation. Specifically, the Declaration Act requires that all measures must be taken to make laws in B.C. consistent with UNDRIP, specifically to “work with First Nations to reform the Heritage Conservation Act to align with the UN Declaration, including shared decision-making and the protection of First Nations cultural, spiritual, and heritage sites, and objects.”
In an effort to implement the Declaration Act, a provincial action plan was established and the regulation of cultural heritage resources in B.C. through the HCA was identified as an immediate priority for change to achieve consistency between provincial laws and the UN Declaration.
Phase 1 of the HCA Transformation Project has begun with a series of virtual meetings with First Nations, modern treaty nations and key stakeholders to identify priorities for change to the Act. Phase 2 will consider how the standards of the UN Declaration may be reflected in changed laws, policies and practices. Phase 3 will result in the drafting of legislative, policy and program reforms.
The phases of the HCA Transformation Project are expected to be completed by the spring of 2024.
The Project has just begun, but the work will hopefully inform priority areas of change and see an alignment of the HCA with the UN Declaration.
• For more information on the Heritage Conservation Act Transformation Project, go online to tinyurl.com/mvc3k6uc.
• For more information on the B.C. Declaration Act, go online to tinyurl.com/24ffjmfm.
• For more information on the BC Declaration Act Action Plan, go online to tinyurl.com/ywcvrwm2.
Nadine Gray is a Kamloops-based archaeologist working in the unceded territories of St’át’imc.