BC Conservatives Demand Repeal of DRIPA After Court Ruling

The Interim leader of the BC Conservatives, Trevor Halford, has called for the repeal of the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) following a court ruling that deemed some provincial laws inconsistent with the act. This announcement comes after the British Columbia Supreme Court ruled in favor of two First Nations, the Gitxaala and Ehattesaht, who challenged the province’s mineral tenure system.

Political Reactions to the Court Ruling

The court’s decision, delivered in a 2-1 ruling, highlighted that certain provincial laws must be interpreted in a manner that aligns with DRIPA. In response, Halford stated, “The courts are obviously using DRIPA as a tool for the decisions that they’re making. We’ve been saying for a while, right now DRIPA needs to be repealed.” His comments reflect growing concerns within the BC Conservatives regarding the implications of DRIPA on provincial governance.

Premier David Eby addressed the ruling, expressing his apprehensions about its potential impact on governance, stating it could “put courts in the driver’s seat instead of British Columbians.” Eby indicated that his government would review the decision and is considering amendments to provide clarity on the original intentions of the legislation.

Eby remarked, “It’s just as likely or more likely that we would proceed with amendments to provide clarity around what was clearly intended when we introduced this legislation.” His commitment to reassessing the law comes against a backdrop of ongoing tensions regarding Indigenous rights and provincial authority.

Background on DRIPA and Indigenous Rights

The BC Conservatives have previously advocated for the repeal of DRIPA. In 2024, former party leader John Rustad ran on a platform that included repealing the act if elected. The party’s latest stance comes after a significant legal victory for Indigenous rights, as seen in an August 2024 ruling where the BC Supreme Court awarded the Cowichan Tribes Aboriginal title over more than 800 acres in Richmond, igniting discussions about private land ownership.

Halford emphasized the need for immediate clarification regarding the implications of the court’s decision, stating, “Whether it’s for First Nations or whether it’s for industry, property rights owners, we need that clarity. We desperately need that clarity.” His assertion underscores a broader concern that DRIPA may be wielded in a manner contrary to its original intent, potentially complicating relationships between the government, Indigenous groups, and private landowners.

In light of these developments, the BC Conservatives have reached out to members of the Legislative Assembly, urging discussions surrounding DRIPA’s future, including correspondence with the Speaker of the House. The ongoing debate reflects the complex dynamics at play as British Columbia navigates Indigenous rights, legal interpretations, and the balance of power between governmental authority and First Nations.

The situation continues to evolve, and both the government and the opposition are poised to address the implications of the court ruling and the future of DRIPA in the coming weeks.

— With files from The Canadian Press.