The government led by the New Democratic Party (NDP) is delaying its proposal to halt certain sections of the Declaration on the Rights of Indigenous Peoples Act due to concerns raised by a growing number of NDP Members of the Legislative Assembly (MLAs), as per sources familiar with the matter. Premier David Eby announced that the bill’s introduction this week has been postponed and clarified that it will not be presented as a confidence motion as initially intended.
Eby mentioned opposition from Joan Phillip, an Indigenous leader and NDP MLA representing Vancouver-Strathcona, as a key reason for pausing the bill. More than 10 NDP MLAs reportedly expressed reservations about Eby’s plan during an emergency caucus meeting on Saturday, as disclosed by sources with direct knowledge of the meeting who spoke on condition of anonymity.
When asked if Phillip was the sole MLA to voice concerns, Eby responded that the entire caucus, including himself, was uncomfortable with the situation resulting from a court decision. Environment Minister Tamara Davidson, a Haida Nation member, refrained from commenting on her stance on Eby’s proposal and emphasized the importance of ongoing work based on feedback from Indigenous communities.
Robert Phillips, a member of the First Nations Leadership Council, highlighted that any alterations to the DRIPA legislation could significantly weaken its impact, given that the law was unanimously passed in the legislature in 2019. The NDP had been seeking support from Independent MLAs before pausing the bill, aiming to address legal liabilities following the Gitxaała decision, which found inconsistencies between provincial mining laws and DRIPA.
Premier Eby stressed the urgency of introducing amendments to DRIPA to mitigate legal risks resulting from the court ruling, which he believes could lead to extensive litigation challenging provincial laws. The government’s dual objectives with DRIPA, according to Eby, involve managing legal risks and collaborating with First Nations to address systemic injustices and foster economic development. Meanwhile, the B.C. Conservatives’ interim leader criticized Eby for reneging on his commitment to swiftly amend the act, attributing the decision to a lack of support within the caucus.