B.C. Premier David Eby told reporters on Monday afternoon that DRIPA legislation has been “probably the most challenging issue I’ve worked on in government.”
But King’s Counsel and an expert in Aboriginal law had some strong words for what has happened.
On Sunday, Eby backed down again on the pausing of key parts of the Declaration on the Rights of Indigenous Peoples Act (DRIPA), scrapping plans to table a suspension bill this legislative session.
In a prepared statement on Monday, in partnership with the First Nations Leadership Council, Eby confirmed that the government will not be introducing legislation to suspend or amend DRIPA or UN Declaration-related provisions in the Interpretation Act, in the spring legislative session.
“The Government and First Nations Leadership Council are committed to working together with all First Nations leaders on a path forward to discuss and consider the government’s stated legal concerns, while upholding the title and rights and human rights of First Nations,” the statement read.
“Together, we commit to genuine collaboration to find solutions as soon as possible, and before the fall legislative session.”
An expert in Aboriginal law and treaty matters told Global News that, in his opinion, the NDP is now co-governing the province with First Nations.
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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.”
Moyse retired in 2022, but said that by adopting DRIPA in 2019, the government essentially layered a framework over the province’s existing laws.
“There’s nowhere else in the world that has done this to itself,” he added.
Eby said that moving forward together now is his number one priority and resolve.
“Well, I certainly would have liked to have been right the first time,” Eby said.
“I was not. And I, you know, this is, this is challenging work. This is one of the hardest files I’ve ever worked on. And I’ve had other files that were hard and required multiple steps. The car insurance file comes to mind, but that was nothing compared to this.”
Moyse said his top concern isn’t land use, but democracy.
In his opinion, by the Eby administration repeatedly backing down, that demonstrates that the province is now co-governing with the First Nations Leadership Council.
“Nobody votes for them except their communities,” he said.
“They have no obligation to the public interest, for the other 5.7 million British Columbians. And they are co-developing British Columbia’s legislative agenda. From my understanding and my training as a lawyer, that’s completely unconstitutional.”
Eby said he accepts the responsibility of taking the province in different directions, but he is optimistic they will be able to come to an agreement.
“We were prepared to introduce legislation this morning to put the Declaration Act on hold,” Eby said.
“I believe we had the votes. I believe we were able to do that. But my commitment to British Columbians, to First Nations leaders and to others is if there is a path for us to do that together, then I want to take it. So we’ll take the time to sit down together and try to find that path.”
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