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The B.C. government won’t be tabling controversial amendments that would suspend key portions of the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) during this legislative session.
The Premier’s Office provided the update on Sunday evening, hours after a coalition of First Nations leaders published an open letter to B.C. lawmakers stating the changes would be introduced this week, and urged MLAs to reject them.
Premier David Eby is instead slated to hold a press conference on Monday outlining his government’s next steps.
In its letter, the First Nations Leadership Council (FNLC), said Eby had signalled plans to “suspend critical provisions” of the act, “despite overwhelming opposition from First Nations.”
The act, which was passed in 2019 with the unanimous support of the legislature, committed the province to align B.C. laws with the United Nations Declaration on the Rights of Indigenous Peoples.
WATCH | B.C. premier hits pause on DRIPA amendments amid caucus opposition:
B.C. NDP to pause DRIPA amendments as caucus MLAs divided
The B.C. NDP government is pausing its plan to suspend sections of the Declaration on the Rights of Indigenous Peoples Act. As the CBC’s Katie DeRosa reports, it comes as several NDP MLAs raised concerns about the proposed changes in an emergency caucus meeting.
But Eby has since said a recent court decision on B.C.’s mineral claims regime citing the legislation puts the province at serious litigation risk.
The FNLC, which represents the B.C. Assembly of First Nations, the First Nations Summit and the Union of B.C. Indian Chiefs, had urged members to oppose the suspension, saying it has been “falsely framed” as “a necessary and urgent response to legal uncertainty.”
“We are dismayed at the degree to which the court cases and DRIPA are being misrepresented, mischaracterized and conflated as rhetoric and fearmongering,” the letter states.
“The risk before the legislators and all British Columbians is not created by DRIPA — it is created by the decisions to undermine it through unilateral action.”
LISTEN | B.C. government pauses changes to DRIPA:
Daybreak South10:44B.C. has paused plans to amend DRIPA, advocates worry that it’s hurting mining and other industries
Stewart Muir is the president and CEO of Resource Works. He has written a recent editorial about DRIPA and its effect on BC.
In a social media post, former B.C. NDP cabinet minister Melanie Mark also called for public opposition to the proposed changes.
“Reach out to your MLA and ask them to stand down … by having the courage and integrity to stand up for a human rights framework,” she wrote.
Government pause
Eby’s government had initially intended to introduce amendments to the legislation last week, but hit pause amid internal dissent over the move.
Last Monday, he cited opposition from Joan Phillip, an Indigenous leader and NDP MLA for Vancouver-Strathcona, as one of the reasons for the pause.
“She expressed to me that she could not bring herself to vote for this legislation,” Eby said at the time.
WATCH | Former Squamish Nation chair says Eby responsible for DRIPA challenges:
Former Squamish chairperson Khelsilem points to David Eby as the problem with DRIPA
A former Sḵwx̱wú7mesh Úxwumixw (Squamish Nation) chairperson believes there is a way to save the Declaration on the Rights of Indigenous People’s Act. Khelsilem is criticizing David Eby’s leadership on DRIPA, saying backing down rather than strengthening it is a problem.
Sources with direct knowledge of an emergency NDP caucus meeting earlier this month told CBC News that more than 10 MLAs had expressed opposition to the move.
Eby had initially said the proposed amendments would be a confidence vote, but has since retreated from that position.
The Official Opposition B.C. Conservative Party is seeking a full repeal of DRIPA.
In its Sunday letter, the First Nations Leadership Council said any attempts to amend or suspend the act will be met with a legal challenge.
