The provincial NDP government has decided to delay its proposal to suspend parts of the Declaration on the Rights of Indigenous Peoples Act, following concerns expressed by several NDP Members of the Legislative Assembly (MLAs).
Premier David Eby announced that the bill will not be introduced as scheduled this week but will still be brought forward later in the legislative session without being considered a confidence motion as initially intended. Eby mentioned the opposition from Joan Phillip, an Indigenous leader and NDP MLA for Vancouver-Strathcona, as a significant factor in pausing the bill’s progress.
More than 10 NDP MLAs reportedly voiced their reservations about Eby’s plan during an emergency caucus meeting on Saturday, according to insider sources. These sources, who spoke on the condition of anonymity, highlighted the internal dissent within the NDP caucus.
Eby acknowledged the widespread discomfort within the caucus regarding the proposed changes to the legislation, emphasizing the challenging discussions with Indigenous leaders and the imposed timelines.
Environment Minister Tamara Davidson, a member of the Haida Nation, declined to comment on her stance regarding the DRIPA amendments but expressed satisfaction with the ongoing work and the feedback received from Indigenous communities.
First Nations leaders, represented by Robert Phillips from the First Nations Leadership Council, have strongly opposed any modifications to DRIPA, suggesting that such alterations could undermine the legislation passed unanimously in the legislature in 2019.
Before the bill was put on hold, the NDP was seeking support from two Independent MLAs, Elenore Sturko and Amelia Boultbee, to secure the necessary votes for the proposed amendments.
Eby underscored the urgency of introducing the changes to DRIPA to limit the province’s legal exposure following the Gitxaała decision, which found inconsistencies between the province’s mining laws and DRIPA. The ruling has raised concerns about potential legal challenges to provincial laws not aligning with the Indigenous rights legislation.
In response to the evolving situation, Eby outlined the government’s dual objectives with DRIPA, aiming to address legal risks while also fostering collaboration with First Nations for economic development. However, the B.C. Conservatives have criticized Eby for reneging on his promise to swiftly overhaul the act, attributing the delay to a lack of support within the NDP caucus.