Some First Nations leaders are raising concerns after Premier David Eby signalled he is considering amendments to B.C.’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) following two recent court decisions that upheld First Nations rights under the legislation.
A confidential letter sent Monday to a number of B.C. First Nations leaders said the provincial government is looking at potential changes to the bill. Those proposed amendments have not been released publicly, and CTV News has not reviewed the documents.
Chief Laxele’wuts’aat (Shana Thomas), Hereditary Chief of Lyackson and a member of the political executive of the First Nations Summit, says altering DRIPA now would undermine the basis of the relationship between the province and Indigenous Peoples.
“I think to amend DRIPA at this point is really an offence to the relationship and how DRIPA was brought into effect in the first place,” Chief Laxele’wuts’aat said.
“I have seen the amendments as chief of my community, and I’ve had to sign a non-disclosure agreement in order to be able to see those amendments in full.”
While she did not provide specifics, Chief Laxele’wuts’aat says the changes appear aimed at limiting judicial oversight. “The amendments that are being proposed are being proposed to ensure that the courts do not have a role in holding the provincial government accountable to their commitments in the declaration. “
Chief Laxele’wuts’aat says the confidentiality requirements around the process have left her feeling unable to speak freely. “I’ve got to be really careful about what I say to make sure I’m not breaching any rules. That’s not a good place to sit at for sure.”
The Union of B.C. Indian Chiefs has also issued a joint statement, saying more than 100 First Nations leaders object to any changes that could weaken the act.
According to Monday’s letter, the documents outlining the proposed amendments were subject to cabinet confidence and shared only with those who agreed to a confidentiality agreement for consultations.
CTV News reached out to Eby on Tuesday but he was not available for comment.
Attorney General Niki Sharma did provide a written statement, saying, “Reconciliation must be grounded in government-to-government relationships between the provincial, federal and First Nations governments. That’s why we are moving to amend the declaration act to make this intent absolutely clear.”
The B.C. Conservative Party says it also has concerns about the direction of DRIPA and what it describes as a lack of transparency from the NDP government.
“I think there’s still a way to achieve strong reconciliation in B.C., but as we can see, DRIPA is simply not working,” said Scott McInnis, the party’s critic for Indigenous Relations and Reconciliation.
“At a time when British Columbians are very anxious and nervous about what’s happening with reconciliation, it’s certainly not a time to keep them in the dark.”
Indigenous leaders have until Friday afternoon to provide feedback to the province ahead of an April 1 meeting with the government
“We have to stay the course that we’ve set, and we have to continue to do the work together,” said Chief Laxele’wuts’aat.