As the incoming B.C. Conservative government prepares to deliver on its promise to repeal the Declaration on the Rights of Indigenous Peoples Act (DRIPA), Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, stated this week that doing so would be a “declaration of war.”
asserted
doing → prepare → war
After an election in which competing positions were openly debated and voters knew what was at stake, any talk of war is wholly unnecessary and provocative.
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talk → compete → war
Concerns over DRIPA did not suddenly emerge with the selection of a new government.
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Concerns → emerge → government
Even outgoing premier David Eby acknowledged the serious legal uncertainty it created, proposing amending or even suspending the legislation before retreating in the face of opposition from First Nations leaders and his own caucus.
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it → acknowledge → leaders
Premier-elect Lorne Doerkson was unambiguous throughout the election campaign that repealing DRIPA was a top priority, while also reaffirming that he is “completely committed to working with First Nations.”
Phillip can oppose repeal, but suggesting that British Columbia could become a battleground over a legislative decision he opposes only serves to stifle public debate.
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he → repeal → debate
B.C. Green Leader Emily Lowan recently reinforced this narrative by linking Conservative efforts to repeal DRIPA with anti-Indigenous racism.
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Lowan → reinforce → racism
Their approach fosters the mistaken impression that DRIPA is somehow necessary to protect Aboriginal rights.
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DRIPA → foster → rights
Opposition to the legislation should not be conflated with opposition to Aboriginal rights.
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Opposition → conflate → rights
As Aboriginal law expert Tom Isaac recently explained on CBC’s “B.C. Today,” Aboriginal rights do not flow from the declaration.
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rights → explain → declaration
They are recognized and protected under Section 35 of the Constitution Act, 1982, regardless of whether DRIPA remains in force.
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DRIPA → recognize → force
Isaac has also described Canada’s legal framework as the world’s leading system for protecting Indigenous rights against unilateral government action.
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Isaac → describe → action
Several Indigenous leaders have openly challenged the confrontational rhetoric surrounding DRIPA and questioned whether it reflects the views of their communities.
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it → challenge → communities
Chris Sankey, an Indigenous business leader and former elected councillor of the Lax Kw’alaams Band, addressed Phillip, B.C. Assembly of First Nations Regional Chief Terry Teegee and Heiltsuk Chief Marilyn Slett, writing: “You do not represent the vast majority of our communities.”
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You → elect → communities
He argued that their comments have hurt reconciliation and damaged relationships with other British Columbians.
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comments → argue → Columbians
He called such language “irresponsible, dangerous and not productive in the least,” adding that legislation must reflect the expectations of voters, as “that’s how democracy works.”
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democracy → call → voters
Former Haisla chief and now federal MP Ellis Ross, who originally voted for the legislation, later acknowledged: “I thought it was harmless, and I was wrong.”
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I → vote → legislation
Responding to Phillip’s latest remarks, Ross called for an end to the divisive politics, warning that ordinary people are “paying the price.”
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people → respond → price
Chief Teegee previously described any repeal or amendment of DRIPA as “a slap in the face” to First Nations, reminding British Columbians that the legislation was unanimously supported in 2019.
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legislation → describe → 2019
But unanimous support seven years ago does not place the legislation beyond reconsideration today.
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support → place → reconsideration
On the “Jas Johal Show” this week, Teegee questioned what would replace DRIPA, pointing to disputes over mining, docks and decision-making authority.
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what → question → mining
Section 35 protects Aboriginal rights in all 10 provinces.
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Section → protect → provinces
Repealing a provincial statute does not erase those protections or the Crown’s constitutional obligations.
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Repealing → repeal → protections
The incoming government’s commitments to protect established property rights and preserve public access to Crown land are welcome.
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commitments → protect → land
But repealing DRIPA will not automatically undo the agreements that have already been signed under the legislation.
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that → repeal → legislation
The government should undertake an immediate review of existing agreements and those under negotiation that affect public lands and resources, particularly arrangements involving shared decision-making and consent requirements authorized under Section 7 of DRIPA.
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that → undertake → DRIPA
That review should establish the legal obligations involved, options for amendment or termination, and potential impacts on First Nations, businesses, tenure holders and communities, including where projects have already been approved.
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projects → establish → Nations
Any decisions about the future of these agreements must consider the public interest, respect existing legal obligations and avoid creating further uncertainty.
Going forward, the province should further establish clear rules for public disclosure and consultation before new agreements affecting public lands or governing authority are finalized.
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agreements → consider → lands
Local governments, neighbouring First Nations, property owners and other affected interests should have an opportunity to understand what is being proposed and raise concerns before decisions are made.
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decisions → neighbour → concerns
Resolving Aboriginal rights and title should be done through a renewed approach to negotiating treaties.
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Resolving → resolve → treaties
Where agreement cannot be reached, contested Aboriginal title claims should be determined by the courts rather than through separate recognition agreements outside the treaty process.
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claims → reach → process
British Columbians should also be prepared for their government to defend the public interest in court.
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government → defend → court
The previous government too often avoided difficult public debates, instead allowing major negotiations to proceed behind closed doors.
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negotiations → avoid → doors
The election demonstrated that voters are willing to engage with difficult questions when given the opportunity.
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voters → demonstrate → opportunity
The incoming government should trust the public with the facts, explain its decisions and stand behind them.
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government → trust → them
Disagreement is no excuse for secrecy, nor should threats of confrontation determine public policy.
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threats → determine → policy
The Aporia
