The British Columbia New Democrats are breathing a collective sigh of relief after the Supreme Court of Canada agreed to hear their appeal in a pivotal case concerning the Declaration on the Rights of Indigenous Peoples Act, or DRIPA. The hearing is expected to take place by the spring of 2027, offering a welcome reprieve for the beleaguered provincial government.
Legislative Turmoil Over DRIPA
The spring legislative session opened with Premier David Eby promising amendments to DRIPA, but his position shifted multiple times over the course of the session. Ultimately, Eby abandoned plans to amend or suspend the Act, opting instead for further discussions with Indigenous leaders in the province.
As the session neared its end, Opposition leader Trevor Halford pressed Attorney General Niki Sharma for clarity on whether the on-again, off-again DRIPA revisions would be ready for introduction when the legislature reconvenes in October. Earlier in the week, Halford had raised similar concerns, but Sharma deflected the question.
Supreme Court Intervention
On Thursday, Halford again questioned Sharma, providing her with an opportunity to announce significant news. “I’m really happy, actually, to give an update to the house on some news that we heard this morning, that the Supreme Court of Canada granted our leave application,” Sharma said. “We were successful in getting leave to appeal at the Supreme Court of Canada. This is an avenue to address the legal challenges that is open to us now.”
The announcement was met with palpable relief from the government benches. The NDP has been under pressure since December, when the B.C. Court of Appeal struck down the province’s mineral claims legislation, ruling it incompatible with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The court found that DRIPA and related changes to the Interpretation Act required all provincial laws to be immediately consistent with UNDRIP principles.
Eby's Shifting Stance
Premier Eby initially disagreed with the court’s interpretation and vowed to amend or suspend parts of DRIPA while seeking leave to appeal to the Supreme Court. By April, he warned reporters that changes were urgent due to the threat of other provincial laws being challenged. He cited approximately 20 such challenges or amendments filed, according to the attorney general’s ministry.
However, on April 19, Eby abruptly put the changes on hold after facing “collective resistance” from Indigenous leadership in the province. The Supreme Court’s decision to hear the case now provides a legal pathway and a cooling-off period, allowing the government to navigate the complex issues surrounding Indigenous rights without immediate legislative action.
