B.C. considers changes to Indigenous rights law, raises concerns among First Nations leaders

The British Columbia government is considering amendments to its Declaration on the Rights of Indigenous Peoples Act that could alter how the province aligns its laws with Indigenous rights, according to a confidential letter shared with some First Nations leaders.

According to a copy of the letter obtained by The Canadian Press, the proposed changes would shift the province’s obligation from taking “all measures” to align laws with the declaration to supporting “ongoing processes” to align selected legislation. The letter was distributed Monday to some First Nations leadership.

The Declaration on the Rights of Indigenous Peoples Act, known as DRIPA, was passed in 2019 and is based on the United Nations declaration requiring free, prior and informed consent from Indigenous Peoples on decisions affecting their lands, rights and resources.

The potential amendments come after two recent court decisions in British Columbia that cited DRIPA and sided with First Nations on issues related to mining and property rights. The provincial government has said those rulings do not reflect the original intent of the law, while some First Nations leaders have called on Premier David Eby’s government not to change it.

The government has not publicly introduced legislation to amend DRIPA, and it remains unclear when or if the proposed changes will be brought forward. Connect Newsroom contacted the B.C. government for comment. No response by publication time.

The issue carries broader implications as the province pursues major economic projects, including resource development, amid trade uncertainty with the United States.