B.C. Premier David Eby says the government and First Nations will develop a working group to come up with a joint path forward this summer.ETHAN CAIRNS/The Canadian Press
After weeks of controversy, British Columbia Premier David Eby says he won’t push through amendments to the Declaration on the Rights of Indigenous Peoples Act and that his government will instead spend the next six months trying to negotiate a resolution with Indigenous leaders.
The B.C. NDP government has come under intense criticism from First Nations leaders and even some members of its own caucus for Eby’s “non-negotiable” plans to suspend key provisions of the law, which maintains the right of Indigenous peoples to own, use and control their traditional lands, territories and resources.
Here’s what you need to know about DRIPA, the B.C. government’s next steps and reaction from First Nations leaders.
What is DRIPA?
B.C.’s Declaration on the Rights of Indigenous Peoples Act, together with the Interpretation Act, establishes the province’s legislative commitment to uphold the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The UN declaration provides a framework for reconciliation, healing and peace, and requires free, prior and informed consent from Indigenous Peoples on matters affecting their rights, lands, territories and resources.
B.C. Premier backs down on amending Indigenous rights legislation
When B.C. passed DRIPA in 2019, the law was heralded as a landmark for reconciliation. It promised to ensure that all provincial statutes and policies align with internationally recognized human rights as spelled out in UNDRIP. It enshrines the right of Indigenous peoples to own, use and control their traditional lands, territories and resources. The declaration also sets a standard for free, prior and informed consent if the Crown wishes to develop those lands and resources.
The federal government followed up with its own UNDRIP legislation in 2021 and is working toward its implementation, though Ottawa’s position is that it does not constitute a veto on development.
Why does the B.C. government want to change DRIPA?
Premier David Eby first said the province needs to amend or suspend portions of DRIPA and the Interpretation Act in December, after a BC Court of Appeal’s Gitxaala decision sided with the First Nation and found the province’s mineral claims regime is “inconsistent” with the requirements of the law.
The premier has said changes to DRIPA are necessary to reduce government liability and address the legal uncertainty arising from the Gitxaala decision, which Eby is concerned could be used as a basis to challenge other laws in B.C. The province has appealed the ruling to the Supreme Court.
B.C. First Nations criticize suspension of DRIPA as ‘absolute betrayal’
But the government’s initial plan to amend the legislation received furious backlash from First Nations leaders in March, and Eby’s later proposal to suspend parts of the legislation put his government at risk as resistance from NDP allies and members of his own caucus grew.
Eby threatened to push through a bill that would suspend parts of DRIPA in a confidence vote that would test the loyalty of his NDP government – which holds a majority by just a single seat – but he backed down last week, after Vancouver-Mount Pleasant MLA Joan Phillip, who is Indigenous, said she could not vote for any amendments.
How have First Nations leaders responded?
Mr. Eby’s majority government has struggled to find a course that satisfies First Nations leaders, who rejected an initial plan to amend DRIPA, then dismissed the idea to suspend the law to give the Supreme Court of Canada time to rule on an appeal of the mineral claims ruling.
The First Nations Leadership Council convened an emergency meeting Sunday and said any effort to weaken DRIPA and the Interpretation Act would only increase legal risk through constitutional challenges grounded in the province’s own legislated commitments.
“This will result in increased legal uncertainty, significant financial burden to the province, and further delay to the very economic and regulatory certainty that Premier Eby claims to be protecting,” the group said.
Gov. Gen. Mary Simon at United Nations to stress importance of Indigenous rights
The council said Eby’s rationale for seeking to suspend the legislation is misleading and inherently wrong. The court cases and DRIPA are being “misrepresented, mischaracterized and conflated as rhetoric and fearmongering,” the council said.
Gov. Gen. Mary Simon delivered a speech at the United Nations Permanent Forum on Indigenous Issues on Monday underscoring Canada’s commitment to reconciliation and the implementation of UNDRIP. Ms. Simon, the first Indigenous Governor-General, also met with UN Secretary-General António Guterres during the visit to “discuss shared values.”
What happens next with DRIPA?
Eby says the government and First Nations will develop a working group to come up with a joint path forward this summer, an alternative brokered by Attorney-General Niki Sharma.
“Together, we commit to genuine collaboration to find solutions as soon as possible, and before the fall legislative session,” said the joint statement between the premier and the First Nations Leadership Council on Monday.
Opinion: B.C. is becoming a wolf in sheep’s clothing on Indigenous rights
Judith Sayers, leader of the Nuu-chah-nulth Tribal Council, said Eby’s actions over the last few weeks have damaged trust and the relationship is still fragile.
“I’ve lost a lot of faith,” she said in an interview. “People aren’t feeling the best toward him at the moment, but everybody wants to advance DRIPA, I don’t want to see the work fall apart.”
Eby acknowledged his determination to pass changes this session was a mistake, but said he remains convinced the legal uncertainty problem he was trying to fix must be addressed. He did not say what will happen if there is no resolution before next fall’s legislative session.
With reports from Justine Hunter, Andrea Woo and The Canadian Press