B.C. Conservatives want Indigenous rights law scrapped after DRIPA court ruling - Peace Arch News

B.C. Premier David Eby says legislative amendments are in the works after a court judgment invalidated part of a provincial law because it fails to adequately align with the Declaration on the Rights of Indigenous Peoples Act (DRIPA).

Eby warns the judgment could put the courts in the "driver's seat" for determining what must be included in provincial legislation.

"It will take some time for us to come up with the appropriate amendments, but clearly amendments are needed," Eby said on Monday, Dec. 8. He has also indicated that he is open to appealing the decision to the Supreme Court of Canada.

This is not good enough for the Official Opposition.

Because the decision has immediate legal implications, and the legislature is on break until February, Interim B.C. Conservative Leader Trevor Halford said he wants the legislature recalled so the Declaration Act can be repealed.

"Reconvening the house, I believe, is appropriate when a court decision creates urgent legal or constitutional consequences requiring immediate legislative action," he said on Monday morning.

Halford said he would be willing to forgo all procedural time afforded to the opposition, such as question period and private members' bill introductions, to repeal the act as quickly as possible.

Conflicting views on what the DRIPA does

In 2019, B.C. passed the Declaration Act, which is based on a U.N. declaration affirming the right of self-determination for Indigenous peoples worldwide. The act mandates that the provincial government align all B.C. laws with the U.N. declaration and requires the province to develop an action plan to do this.

The 2021 Interpretation Amendment Act takes this a step further, declaring that "Every Act and regulation must be construed as being consistent with the Declaration."

The latest court decision applies these laws to a case in which the Gitxaala and Ehattesaht First Nations challenged the Mineral Tenure Act. The nations -- located repectively near Prince Rupert,