Premier David Eby is facing recent pushback from First Nations and Indigenous rights advocates after he announced plans to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA).
DRIPA was established by the BC government in November 2019. It was unanimously passed to align provincial laws with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
This act was meant to be a framework for reconciliation, respecting Indigenous rights, improving legal consistency and creating transparency in the relationship between the Province and Indigenous Peoples.
In essence, DRIPA was a legislative commitment by the Province to fundamentally reshape its relationship with Indigenous Peoples, and enshrine international human rights standards into law.
However, a BC Court of Appeal ruling this December which stated the Province’s mineral claim system, the Mineral Tenure Act, was incompatible with DRIPA.
Essentially, the court found that BC’s current “free-entry” Mineral Tenure Act is what should be amended.
This act currently requires Indigenous consent after claims are granted for mining projects, rather than before.
This caused Eby to express concern over “judicial overreach” in matters between the Province and First Nations.
Premier Eby says that this decision by the court in blocking a mining operation could set a standard and “destabilize economic development” in resource projects.
Eby has stated that his government will introduce amendments to DRIPA that would remove courts’ influence in resource matters.
Spencer Chandra Herbert, Minister of Indigenous Relations and Reconciliation, said in a statement that the coming amendments would provide a path forward that doesn’t include court battles.
“We will do the work to make sure the original intention of the act is preserved — as it was supported by all MLAs,” said Herbert.
“We will do this work in a timely way, but this is a serious issue and deserves a serious, considered response.”
He added that the BC Conservatives would like to see DRIPA undone in its entirety, which would set the province back years in terms of reconciliation and negotiations with First Nations.
Response from First Nations leaders and Indigenous rights activists
The Union of B.C. Indian Chiefs has released a joint statement, endorsed by 30 other First Nations groups, that urges Eby to leave DRIPA as-is.
They believe amending the Declaration Act or appealing recent court decisions would undermine economic certainty, reconciliation and shared prosperity in BC.
“Despite recent court decisions that reaffirm the crucial need to consult and negotiate, a negative narrative has begun to take hold,” reads the joint statement.
“This narrative wrongly blames First Nations for uncertainty while ignoring the historical reality that British Columbia was largely settled without treaties. It replaces facts and experience with fear, and cooperation with division.”
The First Nations groups who endorsed this statement fear that misinformed narratives could shape public discourse or government decision-making.
“Recent calls to amend the Declaration Act or appeal court rulings are rooted in this fear-based response,” the statement continues.
“They suggest that the framework we have built together is the problem, when in fact it has been part of the solution. These actions would not create certainty—they would slow progress, increase litigation, and grind projects to a halt as First Nations are once again forced to defend our rights and interests through the courts.”
The BC Green Party also decried Premier Eby’s intention to amend DRIPA in any way.
Their position is that DRIPA is an effective commitment and framework to implement rights that already exist under Section 35 of the Constitution, the Douglas Treaties and other legal protections.
What the BC Greens believe Eby is getting wrong is that the act does not create rights—it affirms and operationalizes them.
“The problem is not DRIPA. The problem is political cowardice,” said Emily Lowan, Leader of the BC Greens.
“Premier Eby’s plan to amend DRIPA is a dangerous, slippery slope. By ceding ground to anti-Indigenous voices, he risks diluting a framework that is meant to guide the recognition and implementation of Indigenous rights and title.”
The BC Greens say that Eby’s issue with court powers in DRIPA decisions is being done to appease the BC Conservatives.
“The people of British Columbia are being led astray by loud and misinformed politicians. I don’t blame them for their confusion on DRIPA — I blame the Premier for waffling,” continued Lowan.
“The BC Greens also condemn the Conservative Party of BC for exploiting the Cowichan Tribes decision to attack DRIPA, despite having supported DRIPA in their 2024 platform.”
Ultimately, the BC Greens reject Eby’s narrative that DRIPA undermines democracy or legislative authority.
