BC Premier Eby's DRIPA Pause Faces Strong Opposition from First Nations

BC Premier Eby's plan to pause key parts of the DRIPA law is facing 'complete opposition' from First Nations leaders, who call it a step back from reconciliation.
By Newsroom | Politics, British Columbia |

First Nations Leaders Denounce Proposed Suspension of Key Reconciliation Law

British Columbia Premier David Eby's administration faces "complete opposition" after proposing to suspend crucial sections of the Declaration on the Rights of Indigenous Peoples Act (DRIPA). The move, announced less than 24 hours after Eby declared changes to the legislation "non-negotiable," has drawn sharp criticism from First Nations leaders who view it as a regression on reconciliation.

Eby faces 'complete opposition' after proposing suspension of DRIPA sections - 1

The proposed three-year pause on DRIPA sections stems from legal advice concerning the ongoing 'Gitxaala case' and is intended to allow time for a Supreme Court of Canada ruling. However, this strategic shift has failed to allay First Nations' concerns. Sources familiar with the situation indicate "complete opposition" within meetings, with leaders being "clear and resolute" against any "regression or pause on reconciliation."

Eby faces 'complete opposition' after proposing suspension of DRIPA sections - 2

Opposition Mounts from Various Quarters

The proposal to suspend parts of DRIPA, a landmark law affirming the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) within the province, has ignited a firestorm. DRIPA mandates free, prior, and informed consent from Indigenous Peoples on matters affecting their rights, lands, territories, and resources.

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Eby faces 'complete opposition' after proposing suspension of DRIPA sections - 3

  • First Nations leaders have warned of potential legal action should the B.C. government proceed with amending the act.

  • The B.C. Conservative Party, which has been advocating for DRIPA's repeal, claims Eby's announcement has "made things worse," arguing for the immediate implementation and resourcing of the law rather than its suspension. Interim leader Trevor Halford stated, "What is the solution is to actually put the resources forward to actually implement DRIPA."

  • The B.C. Greens have characterized the premier's move as "political cowardice," suggesting it is an attempt to appease the B.C. Conservatives by addressing perceived issues with court powers within DRIPA decisions.

Confidentiality and Concerns Over Amendments

Concerns are amplified by the perceived lack of transparency surrounding the proposed changes. Some First Nations leaders have reportedly yet to see the specific amendments despite signing confidentiality agreements. The Union of B.C. Indian Chiefs passed a resolution in February calling for public commitment to maintain the law in its current form.

Proposed changes appear to shift the act's purpose from affirming UNDRIP's application to "laws of British Columbia" to a more consultative process of "working… towards aligning enactments with the declaration." Furthermore, language suggesting the government "must take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration" may be replaced with a statement that the province "will work toward aligning specific laws 'identified as priorities'."

Background: DRIPA and Reconciliation Framework

British Columbia was the first jurisdiction in Canada to enact DRIPA into law, establishing it as a framework for reconciliation. The act is grounded in the 'United Nations Declaration on the Rights of Indigenous Peoples'. Recent court decisions, such as the B.C. Court of Appeal ruling finding the province's mineral claim system incompatible with DRIPA, have added pressure. The government has been consulting with First Nations groups since January regarding potential amendments.

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Frequently Asked Questions

Q: Why is BC Premier David Eby proposing to pause parts of the DRIPA law?
The BC government wants to pause sections of the DRIPA law for three years. This is because of legal advice related to the 'Gitxaala case' and to wait for a Supreme Court of Canada decision. They say it will give time to adjust the law.
Q: How have First Nations leaders reacted to the proposed pause of the DRIPA law?
First Nations leaders strongly oppose the proposed pause. They see it as a step backward for reconciliation and have warned of possible legal action if the government goes ahead with changing the law.
Q: What is the Declaration on the Rights of Indigenous Peoples Act (DRIPA)?
DRIPA is a law in British Columbia that supports the UN Declaration on the Rights of Indigenous Peoples. It means the government must get free, prior, and informed consent from Indigenous Peoples before making decisions that affect their rights, lands, or resources.
Q: What are the concerns about the specific changes proposed for DRIPA?
Some leaders have not seen the exact changes, even after signing privacy agreements. The proposed changes seem to shift DRIPA from making BC laws match the UN Declaration to just 'working towards aligning' them. This could weaken the law's power.
Q: What have other political parties in BC said about the DRIPA pause?
The BC Conservative Party thinks the pause makes things worse and wants DRIPA fully supported with resources. The BC Greens called the premier's move 'political cowardice,' suggesting it's a way to avoid dealing with the law's issues.