A new argument is being made in a B.C. courtroom this week that could have consequences across B.C.
Some U.S. tribes with traditional territory in B.C. say they should also get a say in economic decision-making.
This week, a judicial review is underway in Rossland Provincial Court about a magnesium mine, proposed by West High Yield Resources and the Osyoos Indian Band.
Participating in the review and pushing for an injunction to remain in place is the Sinixt, a U.S.-based Indigenous group that says the project sits on its traditional land.
The Sinixt is one of two U.S. groups tabling a new argument that it and Southeast Alaska Tribes say the Gitxaala BC Court of Appeal Decision, which torpedoed the province’s Mineral Tenure Act, proves that DRIPA, the Declaration on the Rights of Indigenous Peoples Act, is now overriding the law of the land.
“The UN Declaration is actually fairly silent on international boundaries,” Guy Archibald, executive director of the Southeast Alaska Indigenous Transboundary Commission, said.
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“DRIPA, by implementing the UN declaration, somewhat erases those boundaries.”
Archibald said that American tribes with traditional territory in B.C. should get a say in major economic decisions here.
“Reconciliation is not an aspirational act here. It’s challenging the status quo,” he said.
Thomas Isaac with Cassels Aboriginal Law Group, is also a former chief treaty negotiator for the B.C. government and said that American tribes are applying the law as written.
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“They’re applying the law that the B.C. government put in place and there’s nothing in UNDRIP that restricts it to Canadian aboriginal peoples,” he said.
Last month, B.C. Premier David Eby backed down on suspending DRIPA.
Eby said that DRIPA legislation has been “probably the most challenging issue I’ve worked on in government.”
An expert in Aboriginal law and treaty matters told Global News last month that, in his opinion, the NDP is now co-governing the province with First Nations.
Geoffrey Moyse was legal counsel in the B.C. Ministry of Attorney General’s Office and for more than 30 years he advised governments on Aboriginal law and treaty matters.
“I have never seen anything like this… over six terms of governments, working for the provincial government,” he said.
“I have never seen this level of ineptitude and incompetence.”
Isaac said that B.C. might be the only jurisdiction on the planet to allow non-citizens to assert constitutional-level rights within its borders.
“Yet in Canada, it seems like anything goes in this country and at what point do we say enough is enough,” he said.
it won’t be long and natives will be taking over BC and the rest of us will be bowing down to them…
NO.in case you don’t get it. NO
Trump’s US indigenous are talking over BC. Excellent!
Interesting enough, if one brings up historical events outside of the new narrative regarding our feathered friends, they get censored on this storey.
BC about to become the 51st state. Bahahahaha!!
The sinixt were actually just granted legal hunting rights in canada, and have members that live in BC and are represented by the Okanagan nation. I would say not that they are U.S based, but some live in the U.S. They were declared “extinct” in BC back when there was noone in power considering why the sinixt faced pressure to leave some of their traditional territory behind.
Wa wa wa wa…… More money please. Nothing to see here folks.
JV – maybe you or FN tell why it isn’t a disaster?
Tells why all the meeting are closed doors, and agreements are NDAs?
Or why they won’t agree to disclose all the agreements?
Tell us why the FN want title rights at all if there is going to be zero claim for any type of consent and control or claim to any type of financial restitution?
And if you can’t or won’t that’s why everyone, and I mean everybody thinks this is a disaster.
Start being open and honest about the consequences and maybe we can talk.
Anonymous – Please explain why it’s a disaster for the people of BC. You know besides all of the racist fear mongering being spread around on the internet by a bunch of white trash conspiracy theorists
Just one more in a long list of major idiotic moves by Eby and the BC NDP. DRIPA as legislation is a disaster for the people of BC and hopefully the end of the NDP in BC.
Way to go eby
I’ve actually claimed citizenship in the USA before under the Jay Treaty act but it never went through because I couldn’t provide a permanent address in the USA. Apparently that’s all you need to provide and they instantly approve your application and send you a permanent resident card at that address
Good. There’s should be no border for First Nations people in North America. The Jay Treay act signed in 1794 between Great Britain and the United States, provides that all Indians may travel freely across the international boundary. Under the treaty and corresponding legislation, Native Indians born in Canada are entitled to freely enter the United States for the purpose of employment, study, retirement, investing, and/or immigration. Of course the country of Canada considers it cancelled by the War of 1812 and it was never codified in Canadian legislation. Further proof that the white settlers in Canada were just as if not more greedy and racist than the Americans in the 1800’s
When Trump calls Canada the 51st state people start screaming but nothing is said when our government at any level allow US tribes a say on what happens in Canada. Eby and the NDP are a joke.
Repeal drippa!
Election now! Get rid of Eby before he hands all of BC over.
The U.N. along with all these other geopolitical organizations needs to be abolished.
All these so called “leaders” do is sit around and craft ways to enrich themselves and control their citizens .
We don’t need any of that anymore.
Indigenous people deserve their right to their own land
When will this madness end?
When we vote it out.
This situation has gotten to a point of ridiculousness.
What is voted in can be voted out.
Let the people decide. We know 90% of MLAs were prepared to amend/suspend or repeal it.
F / K DRIPA !!! LETS MOVE the F/ K O N !!!
We are absolutely phuzcked and it is ALL on the back of David Eby and the BCNDP.
Federal government gives a 1.5 billion dollars tariff bail out for aluminum and steel industries meanwhile fn who have no industry besides grifting gets over 34 billion taxpayer dollars annually. Some thing is really wrong with this country when less than 4% of the population get that kind of money.
Let the united nations give fn over 34 billion dollars annually
Anyone who wants undrip and dripa can efff off , American or Canadian.
Americans should have zero say in anything that happens in Canada. It is just more dripa extortion and fn crops border grifting. Tell the American fn to take undrip and dripa and shove it up where the midnight sun don’t shine.
Another example why DRIPA is such a bad idea. A minority group, should not be dictating to the rest of us. It is even more insane when the minority group is not even Canadian.
USA population of any decent, have no rights in Canada. Who cares what the un says. They aren’t our government!
Good grief! Let me guess, they want compensation. They can eff off.
They can take their demands and shove it. It’s bad enough we’ve this minority community here trying to dictate to the majority but it’s ludicrous that non Canadians are now making demands too!