First Nations leaders are warning that the incoming B.C. Conservative government’s promise to repeal the Declaration on the Rights of Indigenous Peoples Act (DRIPA) could turn the province into a “battleground” over Indigenous rights.
The First Nations Leadership Council said in a statement Sunday that it is ready to work with the incoming Conservative government and called on legislators to uphold Indigenous title and rights.
“First Nations continue to support the framework for reconciliation in the Declaration Act as a meaningful and constructive path forward,” it said.
Grand Chief Stewart Phillip called the defeat of the B.C. NDP government “hugely disappointing” for First Nations.
“We are at a historical crossroads: Battleground B.C. or reconciliation through the principles and road map of the Declaration Act,” said Phillip.
First Nations Summit political executive Chief Shana Thomas said First Nations have constitutionally protected title and treaty rights.
“We must be involved in any decisions that impact our territories,” she said.
Regional Chief Terry Teegee called on premier-designate Lorne Doerkson to reject anti-Indigenous hate and discrimination.
DRIPA was unanimously passed in 2019 and hailed as a major step forward for reconciliation. It officially adopts the United Nations Declaration on the Rights of Indigenous Peoples, known as UNDRIP, as B.C.’s guiding framework for reconciliation.
The act mandates that the government bring provincial laws into alignment with UNDRIP. It also allows the province to enter into agreements with Indigenous governments around shared decision-making, including around major resource projects.
The federal government passed similar legislation in 2021.
Criticism of DRIPA ramped up after recent court decisions related to First Nations land and title rights, including mineral rights.
Former premier David Eby had promised changes to DRIPA amid concerns about litigation involving the province.
However, his government backed away from introducing amendments in the spring following opposition from First Nations.
Eby said the province and First Nations had agreed to continue discussions ahead of the fall legislative session, but those plans were interrupted by the provincial election.
Doerkson said Sunday that DRIPA has not solved issues in the province, citing legal challenges and the impact on “mining opportunities.”
He suggested that legislation to repeal DRIPA could come next spring.
“Obviously it’s a thick piece of legislation. We’re committed to doing it as soon as we can,” he said.
The Conservatives have not detailed a plan for what could replace DRIPA or how it would handle the multiple shared agreements that have been struck between First Nations and the province under the legislation.
“This is an exciting time for First Nations and a partnership because I am completely committed to working with First Nations,” Doerkson said.
