First Nations leaders in B.C. are urging B.C. NDP MLAs to reject Premier David Eby’s plan to suspend some sections of the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA), as the government prepares to bring the proposal forward as a confidence vote.
At a news conference in Vancouver on Friday, members of the First Nations Leadership Council said the move would undermine Indigenous rights, calling it a “unilateral betrayal” of reconciliation commitments.
The premier has described the proposed suspension as a temporary measure to address what he describes as growing legal uncertainty following a recent B.C. Court of Appeal ruling involving DRIPA.
The act has been at the centre of a legal and political storm after being cited by First Nations in two landmark court cases last year.
The Cowichan Tribes Aboriginal title decision last August sparked concerns about implications for private land ownership, while the B.C. Court of Appeal found in December that the province’s mineral claims regime was “inconsistent” with the United Nations Declaration on the Rights of Indigenous Peoples, a framework for the provincial legislation.
DRIPA should be “properly interpreted” to incorporate UNDRIP into B.C.’s laws “with immediate legal effect,” the ruling in favour of the Gitxaała and Ehattesaht First Nations said in December last year.
Eby says suspending part of the act is necessary because the ruling creates “legal uncertainty,” in which every provincial law can be challenged for being inconsistent with the UN Declaration.
British Columbia plans to pause certain sections of DRIPA
“That’s opening the door to a tidal wave of litigation, the end results of which are unpredictable and uncertain,” he said at an unrelated press event on Friday.
The premier says more than 20 lawsuits against the province have been amended to reflect the Gitxaała ruling.
But First Nation leaders reject that argument, accusing the province of overstating the risks.
“Quite simply, the sky is not falling,” said Terry Teegee, regional chief of the British Columbia Assembly of First Nations. “Instead of fear mongering, let’s face the issues head on. Lets deal with issues related to DRIPA together.”
Lyackson First Nation Chief Shana Thomas echoed those concerns, saying the province has been relying on misleading arguments.
She said Eby has pointed to the Cowichan Tribes decision as a reason to amend DRIPA, raising concerns about private land even after Cowichan leaders said they are “not seeking to dispossess any individuals of private land.”
Eby had previously considered amendments to DRIPA before backing away after strong opposition from First Nations.
He now says pausing select sections of the act, potentially for three years, would allow time for the province to appeal the Gitxaała decision to the Supreme Court of Canada and seek clarity.
Critics say B.C. premier’s DRIPA ‘flip-flop’ has caused more uncertainty
He also acknowledged frustration from First Nations leaders, saying he is “disappointed” he has not been able to convince them of the litigation risks.
“I cannot in good conscience leave this litigation risk unaddressed,” he said.
The First Nations Leadership Council is calling on the province to withdraw the proposal and return to consultation, adding that without free, prior and informed consent, it will be “forced to pursue every available avenue, legal, political and through direct action to defend First Nations’ rights.”
The bill to suspend sections of DRIPA could be introduced as early as this coming week and Eby says it will be a confidence motion, which means if the bill fails, the government will fall and B.C. could be headed for an election this spring.
The NDP government has a single-seat majority, and Eby needs support from all his MLAs, including three Indigenous caucus members.
President of the Union of B.C. Indian Chiefs Grand Chief Stewart Phillip, whose wife is MLA Joan Phillip, says she doesn’t support Eby’s plan to suspend parts of DRIPA, and is “heartsick” over the issue.
Phillip said he can’t speak on her behalf, but other legislators should vote with their conscience.
According to Eby, NDP MLAs are free to vote in the way they think is best for British Columbians.
“There is a wide diversity of voices and views in our caucus,” he said. “We are committed to delivering for [British Columbians] and Joan [Phillip] is no exception.”
