As British Columbia gets ready to welcome a new government led by the BC Conservatives, interim leader and B.C. premier-elect Lorne Doerkson reaffirms that repealing the Declaration on the Rights of Indigenous Peoples Act (DRIPA) will be a top priority.
Doerkson says the legislation will likely be brought forward in the spring session, adding that he is still committed to working with First Nations toward reconciliation.
“We’re committed to doing it as soon as we can,” he said.
“The reality is that it hasn’t solved anything. We are in court all over B.C. with respect to docks in Pender Harbour, mining opportunities in the province. What we need to do is work together for the betterment of all people.”
DRIPA was passed unanimously in the legislature in 2019.
First Nations groups say repealing DRIPA would undo years of building a working relationship with the government.
“It represents a blueprint, a roadmap, a path forward to reconcile the many issues between First Nations people and B.C. in regard to our inherent constitutional and legal title to land and resources,” said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs.
“To have that just simply crumpled up and thrown in the waste basket is beyond disappointing.”
However, Tom Isaac, a partner at Cassels Aboriginal Law Group, says DRIPA was impossible legislation to implement in the first place, and repealing it would not take away any existing rights.
“Really one of the key effects is getting rid of the uncertainty,” Isaac said.
“We have a law on the books today that you can’t implement, and that is aligning every law with UNDRIP. It can’t be done. It will be a positive development in terms of creating certainty in B.C. and really has no adverse effect on constitutionally protected Aboriginal rights.”
Despite that, leaders say they will do whatever they can to uphold the framework in the Declaration Act.
“We’re not going to stand idly by to watch someone obliterate it,” Phillip said.
“That’s not going to happen. We’ll be in the courts, we’ll be on the streets, and if necessary, we’ll be on the lands.”