VICTORIA (British Columbia, Canada): David Eby, Premier of the Canadian province of British Columbia (BC), on Tuesday backed down from a move to amend its Indigenous rights legislation, specifically the Declaration on the Rights of Indigenous Peoples Act (DRIPA), after a backlash from First Nations leaders and concerns that rapid amendments could undermine reconciliation commitments or provoke further legal challenges.
The provincial government has been under pressure after recent court decisions that raised questions about how DRIPA interacts with existing provincial laws, particularly in areas like resource development and land rights. The government had been preparing changes aimed at clarifying the law and limiting uncertainty created by these rulings.
In a statement issued here, Ebby said the government would not introduce legislation to suspend or amend DRIPA or UN Declaration-related provisions in the Interpretation Act in the forthcoming session of the legislature, and instead, work with First Nations representatives to jointly develop an approach to the DRIPA.
“The government and First Nations Leadership Council are committed to working together with all First Nations leaders on a path forward to discuss and consider the government’s stated legal concerns, while upholding the title and rights and human rights of First Nations. Together, we commit to genuine collaboration to find solutions as soon as possible, and before the fall legislative session,” the statement, issued jointly with the First Nations Leadership Council, said.
Eby had faced mounting pressure from First Nations leaders and even criticism within his own caucus over his plans to amend DRIPA. The plans kept changing as he faced pressure and criticism, and on Tuesday accepted the blame for the frequent pivots, saying he “accepted the responsibility” for taking the government in different directions, adding that he would have liked to have been “right the first time” on the matter, but unfortunately he was not.
“This has been, if I can speak frankly, probably the most challenging issue I’ve worked on in government. It is absolutely possible, as a leader, to move off confidently in the wrong direction,” Ebby told reporters.
The BC Premier seems to have been forced to step back after a coalition of First Nations leaders sent a letter to all legislators urging them to vote against the proposed amendments, which they had anticipated would be introduced this week.
DRIPA is the province’s landmark reconciliation legislation which received unanimous support when it passed in 2019, requires the province to align all its legislation with the United Nations Declaration on the Rights of Indigenous Peoples. Some time ago, a court ruled that the province’s system of granting mineral rights was inconsistent with DRIPA, after which Eby said the legislation would have to be changed due to serious legal liabilities. He later said that changes to DRIPA were “non-negotiable”, but then declared the government’s intentions to only “suspend parts of” the Act for three years.
Earlier, First Nations leaders pushed back on the government’s intentions, and opposed the move to amend DRIPA. In a statement issued in the national capital Ottawa, national chief of the Assembly of First Nations (AFN) Cindy Woodhouse Nepinak expressed support and absolute solidarity with First Nations in BC in their opposition to the move, and said she would raise these concerns this week during her attendance at the United Nations Permanent Forum on Indigenous Issues.
“The inherent pre-existing rights of First Nations are part of, and are protected by, international human rights law. They cannot be suspended, amended or paused. The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms First Nations rights as human rights. Neither Canada nor British Columbia can extinguish, amend or suspend First Nations’ human rights and remain a respected member of the international community,” she said.
AFN Regional Chief Terry Teegee said: “First Nations across British Columbia reject any attempt to dilute, amend, repeal or suspend DRIPA. Free, prior, and informed consent are not barriers to development but rather the conditions that enable it to proceed in a sustainable way over generations. Our rights are not negotiable; they are essential for reconciliation, justice, and a shared future. The path forward is through partnership and respect, not fear-mongering and betrayal.”
AFN is a national advocacy organization that works to advance the collective aspirations of First Nations individuals and communities across Canada on matters of national or international nature and concern.
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