B.C. considering changes to weaken DRIPA, shares confidential letter with First Nations leaders

The bill, known as DRIPA, requires B.C. to take "all measures" to align the rights of Indigenous Peoples with existing provincial legislation.

Following two recent court decisions siding with First Nations under British Columbia’s Declaration on the Rights of Indigenous Peoples Act, Premier David Eby is considering amendments that would weaken the legislation.

First Nations leaders have called on Eby to leave the bill alone.

The bill, known as DRIPA, requires B.C. to take “all measures” to align the rights of Indigenous Peoples with existing provincial legislation. Amendments proposed in a confidential letter sent to some First Nations leaders in B.C. on Monday say the government is looking to amend the bill to promise “ongoing processes” to align select legislation with DRIPA.

The provincial Declaration on the Rights of Indigenous Peoples Act, or DRIPA, was passed in 2019.

It’s based on the United Nations Declaration on the Rights of Indigenous Peoples, which requires free, prior and informed consent from Indigenous Peoples on matters affecting their rights, lands, territories and resources.

The federal government has similarly adopted the UN principle and is working toward its implementation, though its view is it does not constitute a veto on development.

Eby told reporters last week his government is trying its best to work with chiefs across the province to address concerns about the court decisions. They both cited DRIPA and sided with First Nations on mining and property rights, which the provincial government has said isn’t the intention of the law.

One found the provincial mineral claims regime is “inconsistent” with DRIPA, and another recognized the Cowichan Tribes’ Aboriginal title on land along the Fraser River, with titles held by Canada and the City of Richmond deemed “defective and invalid.”