Changing British Columbia's Declaration on the Rights of Aboriginal Peoples Act is "non-negotiable" and it will be pushed into law, Premier David Eby said on Wednesday.
"We are working with chiefs to try to find a path forward," Eby said at an unrelated news conference in Victoria. "We have to do it, and we will do it."
Eby's statement comes ahead of his meeting with First Nations leaders on Thursday to discuss the amendments to the so-called DRIPA legislation, which was cited by First Nations in two landmark cases last year.
The Cowichan Tribes Aboriginal title decision last August sparked concerns about implications for private land ownership, while the B.C. Court of Appeal added to the uncertainty in December when it found the province's mineral claims regime was "inconsistent" with the UN Declaration on the Rights of Indigenous Peoples, a framework for the provincial legislation.
The judges who ruled in favour of the Gitxaala Nation said that DRIPA should be "properly interpreted" to incorporate UNDRIP into B.C.'s laws "with immediate legal effect."
That decision prompted Eby to announce in January that DRIPA would be amended, and the premier said Wednesday that his government would introduce the revisions during what remains of the current spring session, which ends May 28.
"Yes, we are going to get these amendments through," he said. "We have to."
He noted that the December decision created "significant legal liabilities" for the province.
The premier's pledge comes as a letter from outgoing Richmond Mayor Malcolm Brodie calls on the Cowichan Nation to renounce any claim to private property following last year's court ruling.
The ruling says sections of the Land Title Act that establish fee-simple title as "indefeasible" do not apply to Aboriginal title, and calls on the province and the First Nation to negotiate the reconciliation of private-title interests with Cowichan Aboriginal title.
Eby said he could assure Brodie that private property won't be used a bargaining chip.
The meeting on Thursday between Eby and Indigenous leaders comes amid ongoing opposition from First Nations to any changes to the act.
Eby said the process has been "rushed" and is "incredibly challenging."
"Usually, when we have legislation dealing with or affecting First Nations Peoples in this province, we take months, and in some cases, years to co-develop our approach," Eby said.
But the December court decision robbed government of that time, he said.
"This has not been a co-development process," Eby said. "This is a provincial government responding to a court decision that affects the provincial government's liability."
Government has no other choice, he said.
"We have to ensure clarity for British Columbians about the act, what it is and what it isn't," he said. "The same is true for private property."
But Eby also promised that legislators would have a chance to have a full debate on the amendments.
"They will be able to speak to this bill, address these amendments that are proposed," he said. "That process will play itself out in the legislature."
Robert Phillips of the First Nations Summit has urged Indigenous members of the legislature to reject the changes, which he described as gutting the legislation.
The proposed changes to DRIPA, described in a letter sent to First Nations leaders that has been seen by The Canadian Press, show that government plans to scrap part of the legislation that says it "must take all measures necessary to ensure the laws of British Columbia are consistent with the declaration."
The leaked documents instead use language that is far less definitive.
Instead of describing how the province must align its "laws" with the declaration, it says the government will instead be "working toward aligning enactments with the declaration."
Several prominent First Nations leaders have publicly opposed the revisions and question the consultation process. However, First Nations leader interviewed by The Canadian Press have yet to publicly comment on the revisions, citing non-disclosure agreements.
Eby said Thursday's meeting will gather feedback to the proposed amendments, including the language that would make DRIPA less definitive in its application.
DRIPA dominated Question Period on Wednesday as the Opposition B.C. Conservatives called on government to reveal its timeline for introducing the changes, while government voices accused them of stoking fear.
Interim Conservative Leader Trevor Halford later said the government was running out of time to bring forward changes.
"This government is still scrambling to get a handle on this piece of legislation that is dominating British Columbians right now," he said. "The runway (to table the revisions) is shrinking with every day that passes."
While Halford acknowledged Eby's promise to bring the amendments forward this session, they may not pass this spring.
"Just because it comes in, doesn't mean that it is going to pass this session," he said.
Halford the bill could be left open for public input and then could be passed this fall.
Picture Courtesy: THE CANADIAN PRESS/Chad Hipolito
