Independent MLA Elenore Sturko expressed doubt that the premier was all that surprised by the outcome
Premier David Eby says the B.C. Court of Appeal encroached on “the territory of government” when it ruled that B.C.’s mineral claims regime is “inconsistent” with the UN Declaration on the Rights of Indigenous Peoples.
The Declaration Act, passed unanimously by the legislature six years ago, established a framework for the province and Indigenous leaders to work together over time to reconcile laws with UNDRIP principles.
It was never intended to put the courts “in the driver’s seat,” says Eby.
Last week, a B.C. Court of Appeal panel ruled two-to-one that the mineral claims legislation violated the UN declaration, with its sweeping grants to Indigenous nations of rights to consultation, accommodation and consent.
“We’re going to review the decision and, if necessary, amend the Declaration Act to ensure that our original intention when we introduced it is clear,” Eby said Friday.
“Clearly amendments are needed,” he added this week. “This is the territory of government, negotiating with First Nations, setting the pace and choosing the laws to bring into alignment.”
The premier rejected a call from the Opposition Conservatives to recall the legislature and amend the Declaration Act straightaway. Rather, he said, the government will take its time and consult Indigenous leaders.
He also offered “to do that work if necessary to assist the courts in understanding this is work for British Columbians to do, not the courts.”
Eby’s indignation at the court’s encroachment on government territory is difficult to reconcile with a related piece of legislation he introduced during his last year as attorney-general before becoming premier.
He introduced an amendment to the Interpretation Act in November 2021 which directed that henceforth all provincial laws and regulations “must be construed as being consistent with the UN declaration.”
Read the full artilce at Vancouver Sun: Was B.C. Premier David Eby really surprised by DRIPA court decision? | Vancouver Sun