The BC Conservatives want to recall MLAs to a legislative session to repeal the Declaration on the Rights of Indigenous Peoples Act (DRIPA).
Citing a recent B.C. Court of Appeal decision, Interim Leader Trevor Halford and House Leader Á’a:líya (A’aliya) Warbus told the media that the province cannot wait to take action.
The decision is part of a long series of court proceedings, brought by the Gitxaała Nation and Ehattesaht First Nation in 2023, and concluded Friday.
The Gitxaała Nation says the court affirmed that DRIPA creates legally enforceable obligations on the province and that First Nations can take B.C. to court if it fails to meet those obligations.
“This is an exciting victory not only for Gitxaała but for all Nations. Justice is catching up to the truth with today’s BC Court of Appeal decision,” said Gitxaała Chief Coun. Lina Innes in a statement.
“We have said all along that BC’s out-of-date, colonial mineral tenure regime violates Canada’s own laws, the UN Declaration on the Rights of Indigenous Peoples, and our Gitxaała laws. Now BC’s highest court has agreed.”
Conservative MLA says ruling highlights DRIPA redundancy
Acting as deputy critic for Indigenous relations and reconciliation, Conservative MLA Scott McInnis says the ruling highlights the redundancy of DRIPA and the uncertainty it creates.
“British Columbians deserve certainty and transparency. Indigenous communities deserve meaningful consultation that is done properly and up front. Instead, the BC NDP built a system that ran on autopilot, then created years of legal uncertainty for everyone,” said McInnis last week.
Also reacting to the ruling on Friday, Premier David Eby said his government will review the court decision that appears to show “confusion” and will amend the provincial legislation if necessary.
Eby said the decision “potentially puts courts in the driver’s seat instead of British Columbians.”
The premier said the government could appeal to the Supreme Court of Canada, but it would more likely amend the legislation.
“It is absolutely crucial that it is British Columbians, through their elected representatives, that remain in control of this process, not the courts,” Eby said at an unrelated event.
“Too much rides on it in terms of our province’s prosperity and certainty going forward. So, I think it is just as likely or perhaps more likely that we would proceed with amendments to provide clarity around what was clearly intended when we introduced this legislation, and the court appears to have some confusion about that.”
Legislative Assembly of British Columbia closed for 60 days
On Monday, Halford said the 60 days until the B.C. Legislature reopens for the spring session is too long a time to wait.
“The premier has indicated that he needs to make [a] repeal or amendments to this. I’m saying, now let’s do that work. Let’s get that done. Let’s not wait for further uncertainty. We can get in here and get that done this week.”
He says the lawmakers can forego the formalities to rush the repeal through.
Warbus says the party does not want to undercut the rights of Indigenous people and leaders.
“DRIPA was a layer added on, and it really puts the cart before the horse in terms of dealing with the many distinct nations that we have in British Columbia. There are many that are left behind when we do things too swiftly and not think about the unintended consequences,” said Warbus.
With files from The Canadian Press.
