Premier David Eby defended British Columbia’s reconciliation law against calls to repeal it in a speech to the Natural Resources Forum in Prince George.
He told delegates Tuesday evening that repealing the Declaration on the Rights of Indigenous Peoples Act (DRIPA) would not speed up development or attract more investment but would do the opposite.
“Repealing the Declaration Act doesn’t make title claims go away,” Eby said. “Instead, it would remove the roadmap that we’ve set out with First Nations about how to resolve these matters outside of court. It would bring us to more conflict in court, and it would slow projects down.”
He added that reconciliation should be a process between governments.
“It is not for the courts to take over,” he said.
Eby said while DRIPA is essential for driving investment, private property is “non-negotiable.”
DRIPA was introduced in 2019 to adopt the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into the province’s reconciliation framework.
Eby has faced increased pressure over DRIPA since an August B.C. Supreme Court decision declared the Quw’utsun (Cowichan) First Nation has title to part of Richmond.
The decision caused confusion and concern among property owners in the area, despite reassurances from the Quw’utsun that the ruling does not erase private property. The NDP government has said it will appeal the decision.
The controversy intensified in December when a B.C. Court of Appeal ruling found the province’s mineral tenure system is not compatible with the legislation. The ruling said courts can decide whether a law is inconsistent with UNDRIP.
Eby called the rulings “overreaching” and said his government will introduce amendments to DRIPA in the spring, which he says will clarify the original intent of the legislation.
The B.C. Conservatives continue to call for DRIPA to be repealed, saying it is creating uncertainty for investment and natural resources in the province.
Speaking to reporters at the forum on Wednesday, Eby reiterated that Canada’s Constitution already recognizes Indigenous title rights, and that DRIPA simply provides a roadmap to work with First Nations.
“It’s not an easy path. There are steps forward, there are steps back. But it is a commitment to partnership through this work, between us and First Nations leadership,” he said.
First Nations leaders in B.C. have criticized what they describe as alarmist rhetoric around DRIPA and title rights from political leaders. Many said last month’s Court of Appeal decision affirms that DRIPA is legally binding and justiciable through the courts.
Terry Teegee, Regional Chief of the B.C. Assembly of First Nations, told Vista News on Wednesday that Eby is correct that reconciliation should be a government-to-government process.
“There has to be some sort of negotiation to reconcile what was taken from those First Nations,” Teegee said.
“Many private property owners are in the crossfire, if you will. But ultimately, it does come down to the First Nations, such as the Cowichan, to negotiate something in terms of those private property lands,” he said.
Teegee said he does not believe it is necessary to amend DRIPA.
“Let’s leave all these proceedings and positions within the court and go to negotiations and good faith negotiations, especially on some lands that are under question,” he said.
-with files from Brendan Pawliw
