A letter from B.C.’s three most prominent Indigenous organizations is circulating among provincial First Nations leaders that urges them to oppose the province’s efforts to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) and says the government is “backtracking” on reconciliation
“The process by which these amendments have been generated has provided no opportunity for meaningful consultation and cooperation, with extremely tight timelines for feedback, shambolic and insufficient dialogue meetings that have not allowed most chiefs to speak, and a disingenuous ‘offramp’ distraction tactic,” it says.
The letter, dated March 24 and later obtained by Black Press Media, is from the First Nations Leadership Council, an umbrella organization that includes the B.C. Assembly of First Nations, the Union of B.C. Indian Chiefs and First Nations Summit.
DRIPA is a 2019 B.C. law that formally commits the province to aligning its laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This foundational document affirms the right to self-determination for Indigenous peoples worldwide.
The 2021 Interpretation Act takes this a step further by codifying that “Every act and regulation must be construed as being consistent with the declaration.”
When a recent B.C. Supreme Court decision invalidated parts of the Mineral Tenure Act for not aligning with the U.N. declaration, Premier David Eby — who was himself instrumental in creating DRIPA when he was attorney general — pledged to introduce amendments that clarify this is the government’s job, not the courts.
The proposed amendments would alter DRIPA and repeal the relevant section of the Interpretation Act, according to the First Nations Leadership Council letter.
“We have made steady gains in meaningfully advancing title, rights, and legal pluralism in this province as a direct result of the Declaration Act and Interpretation Act,” the letter reads. “The proposed amendments effectively gut these legislative tools and regress reconciliation back to Crown-dictated priorities and vague policy promises.”
The letter includes a template message to Eby for chiefs to state their opposition. It calls the consultation draft of the amendments seen by First Nations “unacceptable” and expresses “unequivocal opposition” to the effort to alter DRIPA.
“In our view, the amendments will deeply compromise the Declaration Act,” the template reads.
Still, Eby doubled down on his commitment to introduce these amendments before the end of the spring legislative session, in response to reporters’ questions on Wednesday, April 1. He also acknowledged that First Nations leaders are not on board.
“To say that Indigenous leadership is enthusiastic about any change would be a total misstatement — they are not,” he said. “So it’s been a challenging conversation.”
Eby indicated he would press ahead to address what he said is a legal liability created by the Mineral Tenure Act decision, despite this opposition.
“We’re working with chiefs to try to find a path forward, but whether or not we address this legal liability is non-negotiable,” he said.
Eby first made public his intention to amend DRIPA in December. Consultation on changes began with a Jan. 29 letter from the province to all First Nations in B.C. notifying them about potential amendments.
A discussion paper was provided the next day. First Nations leaders were required to sign a non-disclosure agreement (NDA) to receive draft amendment options, and asked for feedback by Feb. 13. An all-chiefs meeting was held on Feb. 4 and an engagement session with the province followed on Feb. 10 — both under NDA.
In the following weeks, the B.C Assembly of First Nations and the Union of B.C. Indian Chiefs each passed resolutions that oppose amendments to either act.
Then on March 9, the province held another engagement session, this time not under NDA, in which Eby discussed the need to find an “offramp.”
On March 23, First Nations leaders received a consultation draft with the actual amendments, and were given a briefing on March 25 — all under NDA. Leaders were asked to respond with comments on Friday, two days later.
The next meeting is now scheduled for this Thursday, April 2.
Because First Nations leaders briefed on the amendments are bound by NDAs, they are unable to address or reveal details, making public comment tricky.
Robert Phillips, the political executive of First Nations Summit, spoke generally about leaders’ opposition to any amendments in an interview with Black Press Media.
He reiterated the view expressed in the letter that the amendments would “gut” DRIPA, comparing it to a toolbox without any tools.
“What’s better: an empty box or no box at all?” he asked. “I think they’re basically the same.”
Phillips also takes the province to task for its use of NDAs throughout this process, saying that he feels like “ripping it up” at this point to share what’s going on with the public.
“It looks like we’re doing things behind closed doors, when, in actual fact, we want transparency,” he said. “We want to put this all out, we want to put it on the table.”
Throughout the consultation process so far, Phillips said there has been frustration among First Nations leaders, and that it seems Eby is willing to listen only to chiefs who have major projects underway in their communities.
“I think he’s listening to those that have the projects, but he’s got to listen to all 200-plus First Nations,” Phillips said.
Eby responded by pointing out that in an organized all-chiefs meeting, it is not up to him who asks questions, and that his government has a strong record of working with nations across B.C. on a variety of initiatives.
Nevertheless, Phillips called on the three Indigenous members of the NDP caucus to stand up and vote against the amendments. This could result in the toppling of Eby’s government if the issue is made into a confidence motion — which the government has often done on controversial measures — because his party only holds a one-seat majority in the legislature.
Phillips says some of the people who voted for and supported Eby in the past feel “betrayed” and don’t understand the direction he has chosen.
“He thinks this is the route potentially to victory in the next election, but I don’t think so, because he’s isolating First Nations, and we’re the ones that go out and vote for him,” Phillips said.
B.C. Conservative leader Trevor Halford — who calls for full repeal of DRIPA — said all of this shows Eby is “scrambling” to get a handle on a piece of legislation his own party introduced less than a decade ago.
“They are obviously not getting the feedback that they desired on this,” he said. “But at the end of the day, he’s got a responsibility here to follow through on what he said. And so far, he’s not looked up to that.”