The First Nations Leadership Council is speaking out against the B.C. government’s proposal to suspend key provisions of the Declaration on the Rights of Indigenous Peoples Act (DRIPA), calling it a unilateral betrayal and an abandonment of the province’s commitment to principled reconciliation, as well as serving to create a climate of uncertainty.
“This is an historical moment for First Nations and we will not back down,” Robert Phillips, First Nations Summit Political Executive, said at a press conference on Friday.
“But we will not tolerate misinformation, prejudice, racism that our First Nations are experiencing right now. And the premier is only adding fuel to the fire.”
The Act requires B.C. to align its laws with the UN Declaration on the Rights of Indigenous Peoples.
Late last year, a B.C. Court of Appeal decision determined that DRIPA is legally enforceable, meaning laws that don’t align with it can be struck down in court.
In response, Premier David Eby proposed amendments to the Act but, following pushback from First Nations leaders, he’s instead proposing a three-year pause on key sections of the Act as the province deals with the fallout from last year’s court rulings.
On Friday, First Nations leaders repeated that DRIPA is not the problem.
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“They started by saying, because of the Cowichan Nation decision, they need to amend the legislation,” Laxele’wuts’aat Huy’wu’qw (Chief) Shana Thomas said.
“They talked about threats to private land. And even though the Cowichan Nation Chiefs sent out a joint statement with the premier, assuring the public that the Cowichan Nation was not seeking to dispossess any individuals of private land, the fear-mongering persists.”
Eby was also heavily criticized.
“I think the problem is Premier Eby himself and I think the NDP has a colossal leadership problem,” ʔaʔsiwɬ Grand Chief Stewart Phillip, said.
In response, Eby said that the reality is that British Columbia was settled largely without treaty.
“First Nations rights and title exist, and any government has to grapple with those issues,” he said. “We want to do this work to mitigate the risk in the least invasive way possible.”
Eby has said the bill to suspend parts of DRIPA will be a confidence vote, meaning the government could fall if it doesn’t pass.
The proposed changes to DRIPA are set to be introduced in the House later next week when it resumes sitting.
All eyes will be on Joan Phillip, who is a Vancouver MLA and is married to Phillip.
He said he doesn’t speak for his wife, but added that his wife does not support the suspension.
“She does not support any tinkering or meddling with DRIPA,” Phillip said.
“Alongside myself, our family, we celebrated DRIPA in 2019. As for the other MLAs, they need to vote their conscience.”
Eby said there is a wide diversity of voices and views in the BC NDP caucus.
“We are stable. We are focused, and we are committed to delivering for British Columbians,” Eby said.
“And Joan is no exception. And of course, I will always defer to Joan to speak for Joan’s own community and for herself.”
— WGlith files from Global News’ Andrea Macpherson and Keith Baldrey
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