BC Government Stops Plan to Suspend Indigenous Rights Law

The BC government will not suspend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) this session. This is a change from their earlier plan to pause key parts of the law.
By Newsroom | Politics, British Columbia |

VICTORIA – The B.C. government has stepped back from its plan to suspend key sections of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) during the current legislative session. Premier David Eby’s office confirmed Friday that the government “will not be introducing legislation on DRIPA during this session,” a move First Nations leaders have framed as another instance of the Premier "backing down." This decision follows significant pushback from First Nations, and reportedly, internal dissent within the Premier's own caucus.

The province's pivot comes after an attempt to table legislation suspending parts of DRIPA, a move First Nations leaders argued would undermine reconciliation and invite legal challenges. This latest development signifies a temporary truce, with an agreement to "develop a joint statement on the basic agreement to work together" before the legislative session concludes on May 28th. First Nations leadership sources indicate that initial meetings could commence within two weeks, suggesting a potential shift towards a more collaborative approach.

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Government Retreats Amidst Opposition and Internal Concerns

The government's attempt to suspend DRIPA was met with widespread criticism. First Nations leaders argued that any unilateral suspension or alteration of the Act would be a "step backwards for reconciliation" and could lead to an increase in lawsuits. The proposed suspension was intended to address concerns arising from a recent court decision, Gitxaała v. British Columbia, which cited DRIPA and found inconsistencies with B.C.'s mineral claims regime. The province had sought a pause on certain elements of DRIPA, arguing it was necessary while appealing the Gitxaała decision to the Supreme Court of Canada.

However, this rationale did not satisfy many First Nations, who saw the proposed suspension as an attempt to "shelve" crucial human rights legislation. =Leaders emphasized that First Nations around the province had made their position clear: attempts to unilaterally suspend or repeal DRIPA and the Interpretation Act would be met with strong opposition.= Reports also surfaced of internal concerns within the governing NDP, with sources indicating that "more than 10 NDP MLAs voiced concern about the suspension of DRIPA at a caucus meeting." This internal pressure, coupled with vocal opposition from Indigenous groups and the potential for MLAs to vote against the legislation, appears to have been a significant factor in the government's decision to withdraw the proposed bill.

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Background: A Contentious Path for Indigenous Rights Legislation

The Declaration on the Rights of Indigenous Peoples Act (DRIPA) was enacted in 2019, establishing a legislative commitment to uphold the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). =The Act aimed to align provincial laws with UNDRIP, recognizing the inherent rights of Indigenous peoples to own, use, and control their traditional lands, territories, and resources.= However, the implementation and interpretation of DRIPA have proven contentious.

Recent court decisions, such as the Gitxaała ruling, have affirmed that the government's obligations under DRIPA are legally enforceable. The province's appeal of this decision, and its subsequent proposal to suspend parts of DRIPA during the appeal process, was viewed by many First Nations as an attempt to circumvent these legal obligations and weaken the Act. This is not the first time Premier Eby's government has faced accusations of bypassing consultation obligations with First Nations regarding DRIPA. Earlier proposals to amend the Act, which critics argued would "gut" its protective measures and remove affirmations of its application to provincial law, also sparked significant controversy. The current legislative session, which concludes May 28th, will now proceed without the controversial suspension bill, with new discussions planned for the fall.

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Frequently Asked Questions

Q: Why did the BC government stop its plan to suspend the Indigenous Rights Law (DRIPA)?
The government stopped the plan because First Nations leaders strongly opposed it, and there were concerns within the Premier's own political party. They will not introduce new laws on DRIPA this session.
Q: What was the BC government's original plan for the Indigenous Rights Law (DRIPA)?
The government had planned to suspend parts of the law during the current legislative session. This was partly to address a recent court decision that found issues with BC's mining laws and DRIPA.
Q: What happens next with the Indigenous Rights Law (DRIPA) in BC?
The BC government and First Nations leaders have agreed to work together on a joint statement before the legislative session ends on May 28th. They plan to start talks within two weeks and discuss the law further in the fall.
Q: How did First Nations leaders react to the BC government's original plan?
First Nations leaders strongly opposed the plan, saying it would hurt efforts for reconciliation and could lead to more lawsuits. They saw it as an attempt to weaken important human rights laws.
Q: Were there any other reasons the BC government changed its mind?
Reports suggest that more than 10 members of the Premier's political party also expressed concerns about suspending the law. This internal disagreement, along with the public opposition, likely influenced the government's decision.