First Nations Leadership Council calls on BC MLAs to oppose any plan to suspend DRIPA

The First Nations Leadership Council has urged MLAs across British Columbia to oppose any plan to suspend the Declaration on the Rights of Indigenous Peoples Act, better known as DRIPA, and the Interpretation Act.

In an open letter Sunday, the coalition warned elected officials that "if you choose to support efforts to weaken these Acts and our co-developed framework for constitutionally required reconciliation, you are not avoiding legal risk — you are increasing it."

The move comes amid uncertainty regarding how Premier David Eby will move forward. He first declared that amending DRIPA was "urgent," then backed down from introducing legislation that would have resulted in a confidence vote, then signalled the government would try to suspend the act, then changed course and said nothing would be introduced this session.

He is set to address the media on Monday afternoon.

Regardless of what he eventually settles on, the FNLC has vowed to remain steadfast in its position.

"Premier Eby has falsely framed his proposed suspension of DRIPA as a necessary and urgent response to legal uncertainty arising from recent court decisions that affirm First Nations’ inherent title and rights in this province," the coalition wrote. "His framing is not only misleading but is also inherently wrong. We are dismayed at the degree to which the court cases and DRIPA are being misrepresented, mischaracterized and conflated as rhetoric and fearmongering."

They argued that "the risk before the legislators and all British Columbians is not created by DRIPA — it is created by the decisions to undermine it through unilateral action."

"First Nations and the FNLC have put forward a number of concrete, constructive solutions to address the Province’s concerns about DRIPA implementation including proposals for a DRIPA Implementation Act," the FNLC continued, "an independent oversight body, a joint Cabinet Committee on DRIPA implementation and a proposed process to identify a workable 'off-ramp' to avoid amendments or suspension of DRIPA."

They lamented that "each proposed possible solution was rejected or considered non-workable."

"First Nations around the province have made their position clear - attempts to unilaterally suspend or repeal DRIPA and the Interpretation Act will invite legal challenge," the FNLC declared. "Those challenges will be grounded in constitutional law and the Province’s own legislated commitments. The courts will be asked to determine not only the substance of the suspension but also the process by which it was imposed. This will result in increased legal uncertainty, significant financial burden to the Province, and further delay to the very economic and regulatory certainty that Premier Eby claims to be protecting."

They concluded by telling Premier Eby that "the choice is yours," and that "First Nations, the courts, investors — and your constituents — will judge it accordingly."

DRIPA was passed unanimously in 2019, however the Gitxaala Decision — which ruled that all BC laws must fall in line with the act — has led the BC Conservatives and OneBC to call for it to be suspended, or even repealed altogether.

Premier Eby's actions thus far have been criticized by all opposition parties — including the BC Greens, who say the BC NDP must keep DRIPA as is.