Premier David Eby to pause implementation for some parts of DRIPA, First Nations leaders say
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B.C. Premier David Eby says he shared plans to put a “temporary pause on a number of sections” of the Declaration on the Rights of Indigenous Peoples Act, known as DRIPA, for up to three years in a meeting Friday morning with First Nations leaders.
The premier says it comes in response to concerns voiced by First Nations leaders opposed to draft amendments to the landmark reconciliation legislation that the government originally shared with them in confidential documents viewed by CBC News.
“We heard loud and clear that this approach was totally unacceptable to First Nations leaders, that it reflected government unilaterally drafting changes to a law that we had worked on together to write, and they felt the process was rushed and that the entirety of that approach was wrong,” he said.
In a one-hour 45-minute Zoom meeting between the premier and First Nations leaders Friday, Eby said the proposal he shared sought to respond to leaders’ concerns about preserving the act, while protecting the province from legal liabilities created by recent court decisions.
“The very specific sections that we are proposing to put a temporary pause on relate directly to the Gitxaała decision,” he said, though he did not detail exactly which sections the amendments would be focused on.
However, Eby clarified that Sections 6 and 7 of the act would not be paused.
The premier has faced mounting pressure from Indigenous leaders who have expressed frustration over draft amendments to DRIPA, which they said would “gut” the legislation and walk back reconciliation in B.C.
The draft amendments first shared with some chiefs on March 23, viewed by CBC News, would effectively limit which laws DRIPA applies to.
“He took that away,” said Judith Sayers, president of the Nuu-Chah-Nulth Tribal Council.
“What he’s proposing now is to amend DRIPA to put the provisions he’s concerned about on hold for up to three years” or until the Supreme Court of Canada hears two major court cases related to DRIPA and Aboriginal title.
Eby said Wednesday the amendments are “non-negotiable” in response to two recent court cases the government is appealing.
The first is known as the Cowichan Tribes decision. A B.C. Supreme court judge awarded Aboriginal title over a swath of property in Richmond, B.C., last year. That decision has sparked confusion about how Aboriginal title intersects with private property rights.
The other is a B.C. Court of Appeal ruling in favour of the Gitxaała First Nation, which found that the province’s system of granting mineral rights was inconsistent with DRIPA.
Robert Phillips, a member of the First Nations Summit political executive, says he’s not in favour of any “regression or pause on reconciliation.”
He says nations cannot afford to “pause” efforts to protect their title and rights.
However, at least one chief was glad to see the premier’s “walked back” proposal. Huu-ay-aht First Nations Chief Coun. John Jack said he felt the changes showed Eby was responding to feedback from First Nations.
“I think if I were to characterize how I would be in regards to moving forward with those amendments, I would be content. I wouldn’t be happy, but I wouldn’t be unhappy as well,” he said.
“I think it provides enough time for us to do the right things on all sides.”
