There are a lot of questions and uncertainty around the recent DRIPA ruling in B.C.
The government is looking at amending the Declaration on the Rights of Indigenous Peoples Act (DRIPA) after a landmark court ruling on Friday that determined it was legally enforceable and not just symbolic.
On Monday, the BC Conservatives asked Premier David Eby to reconvene the legislature immediately to repeal the act and Eby said he wants to amend DRIPA, not scrap it, and is in no rush to call back the House before February.
Terry Teegee, Regional Chief of the BC Assembly of First Nations, told Global News any repeal or amendments made would be detrimental to the true intent of the act and have a negative impact on reconciliation.
“At least in our determination and the relationship we’re on right now, I think we should be driving forward in terms of this relationship and really I think doubling down in terms of our efforts in terms of fully implementing the Declaration of Rights of Indigenous Peoples Act,” he said.
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“And I think industry should come on board. The more proactive you know, players within industry that engage often and early are the ones that are most successful. And the ones that are following First Nations and Indigenous laws are the ones that are most successful and we’re seeing more of that.”
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However, members of B.C.’s business community are raising concerns over Eby rejecting calls to repeal DRIPA, saying it could be bad news for the economy.
“We’ve got this lull in the economy, the private sector is really lacking confidence about making investments in B.C. and layering on top of this, we’ve got these really fundamental questions about how our democracy works and how our system of property rights works here in B.C., all of which would lead investors to pause,” David Williams with the Business Council of B.C. said.
There is also confusion around the Cowichan land claim, which was handed down on Aug. 8.
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Calls to repeal DRIPA legislation
But Teegee said the provincial government should keep moving forward with First Nations, not going backward.
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“I think what should occur now is that First Nations should be really implementing and I would say creating that space where we really align many of the colonial laws, many of the provincial laws with the Declaration of Rights of Indigenous Peoples Act,” he said.
“I think, you know, the full implementation of the 80-plus action plan measures that were identified five years ago.”
Teegee did say he thinks the ruling on Friday is precedent-setting.
“I think it’s a good step forward,” he said.
“I think, you know, it really puts into focus how negotiations must occur with First Nations, especially with the province, especially in terms of title. I think you know there’s many areas in the province that do not have treaties. They don’t have self-governing agreements or other special arrangements right now.”
DRIPA was passed into law in November 2019, and establishes the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as B.C.’s framework for reconciliation, as called for by the Truth and Reconciliation Commission’s Calls to Action, according to a description from the B.C. government.
“I think it’s clear what the courts said here that First Nations need to vote in a decision-making process,” Teegee said.
“And I think it’s really important to understand that First Nations need to have free prior and informed consent, especially on projects. We’ve seen a number of projects already, over the last several years, whether it’s Section 6 or 7 agreements that allow First Nations to be in the decision-making.”
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