Premier David Eby built his career as a human rights lawyer advocating for the most vulnerable. Yet, as he is confronted by the hard work of governing the province, he has abandoned the people he used to serve and the principles that his party holds dear.
In a short time, we have seen the premier abandon his party’s commitments to address the toxic drug crisis, climate action, affordable housing, access to justice — and now the human rights of the Indigenous Peoples of what is now known as British Columbia.
Premier Eby is selling British Columbians a tall tale about the Declaration on the Rights of Indigenous Peoples Act. He says that DRIPA poses “legal liabilities” for the B.C. government, but can’t say exactly how. He claims that the recent Gitxaala-Ehattesaht BC Court of Appeal decision has created an “existential threat” to the provincial government, forcing them to rewrite laws overnight, and plunging B.C. into chaos.
But when pressed for details, he can’t identify a single court case or petition that justifies the suspension or amendment of key sections of this first-of-its-kind Indigenous human rights legislation. The premier’s story neither reflects the reality of the court’s decision, what DRIPA actually does, nor the perspectives of First Nations who helped co-develop DRIPA.
The Gitxaala-Ehattesaht decision — like the many other similar court decisions involving Indigenous rights — requires the province to engage in good-faith discussions with Indigenous Peoples to effect change and resolve uncertainties. The court’s decision in Gitxaala-Ehattesaht did not order immediate sweeping legislative change, nor did it require all provincial laws to align with the UN Declaration overnight. Its findings focus on the current inconsistencies between B.C.’s mineral tenure regime and the human rights affirmed by the United Nations Declaration on the Rights of Indigenous Peoples. These inconsistencies have led to infringement of First Nations’ rights.
The UN Declaration affirms that Indigenous Peoples have the same universal human rights as non-Indigenous Canadians, including access to the courts when governments fail to uphold their obligations, and the right to have a say in decisions that impact our people. All other Canadians have these rights, but the historic and ongoing impacts of colonialism obstruct Indigenous Peoples from exercising them. Suspending or limiting access to justice, as the Premier’s proposal would effectively do, undermines the system designed to protect all Canadians from state overreach and oppression.
The problem isn’t legal, as Premier Eby would have us believe. The problem is political. Perhaps David Eby can see his popularity slipping and is hoping to outflank the Conservative Party of B.C. by simply adopting their own anti-Indigenous rhetoric. Rather than standing firmly against anti-Indigenous fearmongering and upholding our co-developed framework for achieving certainty, Premier Eby has echoed the Conservatives’ false claims about threats to private property rights. The premier’s knee-jerk reaction to unilaterally suspend sections of DRIPA is a betrayal of the trust and relationships his party has worked hard to build with First Nations, and sells out his campaign promise to uphold DRIPA.
First Nations and allies around the province have been clear: any move to unilaterally suspend or amend DRIPA will damage the important relationships that have been built between First Nations, the BC NDP government, industry, municipalities and all British Columbians.
What the province does with DRIPA is not about avoiding disorder. It is about whether the BC NDP is willing to stay true to its identity and its commitment to meaningful partnerships, the rule of law and access to justice, and respecting the basic human rights of Indigenous Peoples.
The province of British Columbia made a promise when it passed DRIPA in 2019. It was unanimous. It was celebrated. It was co-developed. The court confirmed it means something. The province’s response cannot be to make it mean nothing.
First Nations’ opposition to the premier’s proposals remains principled and steadfast, and we have called upon our allies to stand with us to defend our basic human rights, which are now under threat. If the premier forces a vote on this matter, it will fail. We know that BC NDP party and caucus members remember the many First Nations who rallied, volunteered and supported those NDP members’ campaigns and believed their commitments to reconciliation. We know they will stand up for human rights, and against political games. The legacy of the BC NDP and the relationships it has worked so hard and long to create hang in the balance.