Premier David Eby said his caucus is “strong and united” as the government prepares to table amendments to the Declaration on the Rights of Indigenous People’s Act (DRIPA).
Eby has said the vote on legislation to temporarily suspend some sections of DRIPA would be a confidence vote. That means the NDP government would fall if it does not pass, triggering an election.
The province has said changes to the landmark 2019 reconciliation law are needed to prevent potential lawsuits following a pair of 2025 court cases related to DRIPA and Indigenous title.
However, Eby said last week his government is backing off a plan to permanently amend DRIPA in response to feedback from First Nations leaders. He said the government would instead introduce legislation to suspend parts of DRIPA for up to three years.
Eby has said the amendments would relate to a B.C. Court of Appeal ruling last December in favour of the Gitxaała Nation. Two out of three appeal judges said that courts can decide whether a law is inconsistent with the reconciliation framework, potentially opening the door to more lawsuits against the province.
Eby said the pause on sections of DRIPA would be in place while the Supreme Court of Canada hears an appeal on the Gitxaała ruling.
While the government’s meetings with First Nations leaders about the proposed amendments have taken place behind closed doors, many leaders have been outspoken in their opposition to any move to amend DRIPA.
First Nations Summit political executive Robert Phillips said many leaders were frustrated and upset after hearing the latest proposal from the province.
Critics include Grand Chief Stewart Phillip, who is married to NDP Vancouver-Strathcona MLA Joan Phillip.
“I respect Joan and all of our Indigenous members so much. I know that this is incredibly challenging for them personally,” said Eby during an unrelated event in Kelowna on Wednesday.
“All of our caucus members recognize the importance of this work for the future of our economy…and our MLAs also understand the very serious litigation risk that has been posed to the province by the Gitxaała decision and why we have to put these sections on hold until we get a decision out of the Supreme Court of Canada,” said Eby.
Eby has not said exactly when the amendments will be tabled in the House, but said they will be introduced to allow “plenty of time” for debate in the legislature.
