The BC Conservatives are calling for an urgent legislative session to repeal the Declaration on the Rights of Indigenous Peoples Act (DRIPA). This request follows a recent decision by the B.C. Court of Appeal which has raised significant concerns regarding the legal implications of DRIPA on the province.
Background of the Court Decision
Interim Leader Trevor Halford and House Leader Á’a:líya Warbus discussed the implications of the B.C. Court of Appeal’s ruling. This decision, reached on Friday, stems from a legal battle initiated by the Gitxaała Nation and Ehattesaht First Nation in 2023. The court confirmed that DRIPA imposes legally enforceable obligations on the province. Consequently, if the province fails to meet these obligations, First Nations can seek legal recourse.
Reactions from Indigenous Leadership
Gitxaała Chief Coun. Lina Innes expressed her satisfaction with the ruling. She stated, “This is an exciting victory not only for Gitxaała but for all Nations.” Innes highlighted that the decision indicates accountability for British Columbia’s outdated mineral tenure practices, which she argues violate both Canadian laws and the UN Declaration on the Rights of Indigenous Peoples.
Concerns from BC Conservatives
Conservative MLA Scott McInnis shared his concerns about the ruling. He pointed out that the decision underscores the redundancy of DRIPA and the confusion it creates within Indigenous relations. “British Columbians deserve certainty and transparency,” he asserted, criticizing the NDP government for failing to provide effective consultation with Indigenous communities.
Government’s Response
Premier David Eby acknowledged the court’s ruling and its implications. He stated that the provincial government will review the decision, which seems to introduce confusion regarding compliance with DRIPA. Eby suggested that amendments to the legislation might be necessary, as he believes it is critical for elected representatives to maintain control over these processes.
According to Eby, there is also the potential for an appeal to the Supreme Court of Canada, but he indicated that legislative amendments might be the more likely route. “Too much rides on it in terms of our province’s prosperity and certainty going forward,” he noted.
Legislature Status and Conservative Urgency
The Legislative Assembly of British Columbia is currently closed for 60 days. Halford criticized this timeline, urging immediate action. “Let’s not wait for further uncertainty,” he said, advocating for lawmakers to expedite the repeal.
Warbus voiced her party’s commitment to respecting Indigenous rights, cautioning against hasty legislative changes. “There are many that are left behind when we do things too swiftly,” she warned, emphasizing the need for thoughtful consideration of all Nations in British Columbia.
Conclusion
The demand to repeal DRIPA is a response to evolving legal interpretations and the complexities of Indigenous relations in B.C. As the government grapples with these challenges, ongoing discussions will be crucial in shaping the future of Indigenous rights in the province.
