In a short time, we have seen the premier abandon his party’s commitments to address the toxic drug crisis, climate action, affordable housing, access to justice — and now the human rights of the Indigenous Peoples of what is now known as British Columbia.
Premier Eby is selling British Columbians a tall tale about the Declaration on the Rights of Indigenous Peoples Act. He says that DRIPA poses “legal liabilities” for the B.C. government, but can’t say exactly how. He claims that the recent Gitxaala-Ehattesaht BC Court of Appeal decision has created an “existential threat” to the provincial government, forcing them to rewrite laws overnight, and plunging B.C. into chaos.
But when pressed for details, he can’t identify a single court case or petition that justifies the suspension or amendment of key sections of this first-of-its-kind Indigenous human rights legislation. The premier’s story neither reflects the reality of the court’s decision, what DRIPA actually does, nor the perspectives of First Nations who helped co-develop DRIPA.
The Gitxaala-Ehattesaht decision — like the many other similar court decisions involving Indigenous rights — requires the province to engage in good-faith discussions with Indigenous Peoples to effect change and resolve uncertainties. The court’s decision in Gitxaala-Ehattesaht did not order immediate sweeping legislative change, nor did it require all provincial laws to align with the UN Declaration overnight. Its findings focus on the current inconsistencies between B.C.’s mineral tenure regime and the human rights affirmed by the United Nations Declaration on the Rights of Indigenous Peoples. These inconsistencies have led to infringement of First Nations’ rights.