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<\/p>\nBritish Columbia Premier David Eby has backed down again on the pausing of key parts of the Declaration on the Rights of Indigenous Peoples Act, scrapping plans to table a suspension bill this legislative session.<\/p>\n
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The premier\u2019s office says in a brief statement that it \u201ccan confirm that the government will not be introducing legislation on DRIPA during this session.\u201d<\/p>\n
Instead, it says Eby will hold a press conference Monday to outline next steps.<\/p>\n
Initially, legislation to suspend parts of the DRIPA was set to be tabled this week.<\/p>\n
It follows a open letter sent to B.C. MLAs, by the First Nations Leadership Council, the First Nations Summit, the Union of BC Indian Chiefs and the BC Assembly of First Nations, laying out pushback had the bill be introduced.<\/p>\n
\u201cAny attempt to interfere with the courts\u2019 role, and First Nations\u2019 access to justice, will be met with collective resistance from First Nations and allies across the province,\u201d the letter reads.<\/p>\n
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Early last week, the B.C. government indicated the prospect of an early election was unlikely after saying legislation to suspend parts of DRIPA would not be considered a confidence vote.<\/p>\n
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On April 13, NDP house leader Mike Farnworth said MLA Joan Phillip, who is Indigenous, had indicated she is unable to vote for the bill.<\/p>\n
With only a one-seat majority in the legislature, Farnworth said the government is still looking for a \u201cpath forward\u201d on the legislation, but added it was \u201cnonsense\u201d to suggest Eby has lost confidence in the house.<\/p>\n
Eby has said previously that DRIPA poses significant legal peril to the province, after it was interpreted in a recent court decision to mean it should be incorporated into B.C. laws \u201cwith immediate legal effect.\u201d<\/p>\n
The B.C. Court of Appeal ruled late last year the mineral rules in the province are \u201cinconsistent\u201d with the DRIPA legislation, which is based on the United Nations Declaration on the Rights of Indigenous Peoples.<\/p>\n
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The First Nations Leadership Council alleged Eby\u2019s reasoning is \u201cnot only misleading but is also inherently wrong.\u201d<\/p>\n
\u201cAttempts to suspend sections of DRIPA and the Interpretation Act to achieve a desired outcome in a court decision is an act of fettering the separation of judicial powers, and an egregious attempt to limit First Nations\u2019 access to the court,\u201d the leaders wrote.<\/p>\n
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The First Nations Summit recently issued a statement saying its members \u201cunequivocally\u201d oppose amendments to DRIPA, and called on governments of all levels to \u201cfully adopt and implement\u201d UNDRIP as a framework for reconciliation.<\/p>\n
In its letter to B.C. MLAs, the leadership council urged MLAs not to support the legislation, adding it would increase legal risk.<\/p>\n
\u201cIf you choose to support efforts to weaken these Acts and our co-developed framework for constitutionally required reconciliation, you are not avoiding legal risk \u2013 you are increasing it,\u201d the letter says. \u201cFirst Nations around the province have made their position clear \u2013 attempts to unilaterally suspend or repeal DRIPA and the Interpretation Act will invite legal challenge.\u201d<\/p>\n
DRIPA was unanimously passed in the provincial legislature in 2019 and requires that the B.C. government ensure the laws of the province are consistent with the UN declaration.<\/p>\n
\u2014with files from The Canadian Press<\/p>\n
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