The BC Conservatives are asking B.C. Premier David Eby to reconvene the legislature immediately to repeal Declaration on the Rights of Indigenous Peoples Act (DRIPA).
DRIPA was passed into law in November, 2019, and establishes the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as B.C.’s framework for reconciliation, as called for by the Truth and Reconciliation Commission’s Calls to Action, according to a description from the B.C. government.
“Reconvening the House, I believe, is appropriate when a court decision creates urgent legal or constitutional consequences requiring immediate legislative action,” BC Conservative interim leader Trevor Halford said on Monday.
“The Court of Appeal ruling released on Dec. 5, I believe, meets that threshold.”
On Friday, a court ruling found that the provincial mineral claims regime is “inconsistent” with the United Nations Declaration on the Rights of Indigenous Peoples.
The appeal ruling says that the provincial declaration should be “properly interpreted” to incorporate UNDRIP into provincial laws with immediate effect.
“The court found DRIPA gives a United Nations Declaration on the Rights of Indigenous Peoples, immediate legal forces across all B.C. statutes, contrary to what the legislatures were told in 2019,” Halford said.
“The ruling places core legislative authority in the hands of the court, allowing judges to declare provincial laws inconsistent with DRIPA.”
Halford said Eby needs to reconvene the House immediately, forgo all question periods, two-minute statements, and private members’ bills, and vote to repeal DRIPA.
“What I’m saying is let’s show that leadership now,” he added. “Let’s get in this house, let’s get this done and let’s get this work done this week.”
Á’a:líya (A’aliya) Warbus, the official Opposition house leader, said there is no intention to undercut the rights of Indigenous people and Indigenous leaders in B.C. by calling for the repeal of DRIPA.
“DRIPA was a layer added on, and it really put the cart before the horse in terms of dealing with the many distinct nations that we have in British Columbia,” she said.
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“There’s many that are left behind when we do things too swiftly and not think about the unintended consequences. But I’m in full agreement and alignment with my caucus and with our leader, Trevor Halford, to recall the Assembly today, get the work done, and put certainty back into the hands of the electorate of British Columbia.”
Warbus said DRIPA has many different aspects to it and many are actually duplicated.
“Indigenous rights are human rights,” she said.
“There are some very specific commitments around cultural and collective rights. Those are all covered by Section 35. Using UNDRIP as a guiding document, as it was meant to be used internationally, is actually much better. It gives us leeway, it gives us flexibility, it allows for a distinct-based approach, which this government actually committed to.”
Warbus said that approach means that no First Nation gets left behind, especially smaller Indigenous communities whose needs vary from communities that are near urban city centres.
She added that B.C. is now in the throes of uncertainty.
“We are seeing court cases emerge today where people are asking for their private property to be protected,” he said.
“They want that legal certainty. And right now, under the current landscape, we can’t give them that.”
Warbus wants the public to understand that individual rights are different from collective Indigenous rights, which are protected under Section 35.
“That gives us enough of an obligation and a mandate to ensure that nobody’s rights are going to be infringed upon,” she added.
“Yes, those rights can be slightly different, and then we’ll get into the weeds of legalities, and that’s why we have court cases to help us define that path along the way. But that definition needs to be done over time. We need to be understanding that this is taking its due course for a reason.
“Again, if we put the cart before the horse, as the NDP has done for their own political gain, then what we see is confusion and chaos in British Columbia and we really need certainty now more than ever.”
Eby is at an event on Monday afternoon and Global News will ask him what his response is to the BC Conservatives.
Warbus said that the province is in an economic squeeze and detriment and every British Columbian deserves certainty right now.
“Indigenous nations and leaders are such a critical part of that work, but in thinking about everybody, we have to be able to put those priorities first and foremost,” she added.
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