Premier David Eby has just announced that the BC government will no longer be seeking to make amendments to the Declaration on the Rights of Indigenous Peoples Act (DRIPA) this legislative session.
DRIPA was established by the BC government in November 2019.
It was unanimously passed through the legislative assembly by all members 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.
Late last year, Premier Eby announced he would be seeking to amend DRIPA after a court decision determined that the Province’s mineral claim system, the Mineral Tenure Act, was incompatible with DRIPA.
The court found that the Mineral Tenure Act is what should be amended, as it did not align with DRIPA because it did not require First Nations’ consultation.
Eby expressed concern over “judicial overreach” in matters between the Province and First Nations saying the court’s decision to block a mining operation could “destabilize economic development” in resource projects.
On January 29th, Eby announced that these amendments would be introduced in the spring legislative session.
Since that time First Nations and environmental advocates have been pushing back against Eby’s notion of amending DRIPA.
In February, a joint statement was released by the Union of BC Indian Chiefs in which over 100 First Nations and First Nations’ organizations called on the premier to uphold DRIPA.
On Monday, April 20th, Premier Eby and the First Nations Leadership Council released a joint statement regarding the proposed amendments to DRIPA.
“The Government of BC will not be introducing legislation to suspend or amend DRIPA or UN Declaration-related provisions in the Interpretation Act, in the spring legislative session,” reads the statement.
“The Government and First Nations Leadership Council are committed to working together with all First Nations leaders on a path forward to discuss and consider the government’s stated legal concerns, while upholding the title and rights and human rights of First Nations.”
The statement concluded by stating that the Province is seeking genuine collaboration with BC First Nations, and hopes to find a solution before the fall legislative session.
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