In early May, Tod Stone, a former B.C. cabinet minister and current CEO of the Association for Mineral Exploration, highlighted numerous issues with the province's Declaration on the Rights of Indigenous Peoples Act (DRIPA). However, he claimed that it “has the potential to advance reconciliation in a respectful and meaningful way.” This assertion is fundamentally incorrect.
DRIPA's Flawed Foundation
DRIPA, enacted in 2019 under former Premier John Horgan, cannot serve as a viable reconciliation framework for British Columbia. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), on which DRIPA is based, is not suitable for an advanced Western democracy like Canada, which already recognizes and affirms Aboriginal and treaty rights in its Constitution.
The Truth and Reconciliation Commission's calls to action suggested UNDRIP as a reconciliation framework, but this recommendation was deeply flawed. Section 35 of the Constitution Act, 1982, states: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” The Supreme Court has interpreted this as the proper vehicle for reconciliation, providing a balanced approach to reconciling Indigenous societies' pre-existence with Crown sovereignty.
UNDRIP is inconsistent with Section 35 and contradicts the Supreme Court's determinations regarding governments' constitutional obligations and rights protections. Governments cannot accept UNDRIP as an alternative pathway to reconciliation in Canada.
Legal Uncertainty and Consequences
The B.C. government initially argued that DRIPA was not legally enforceable and did not make UNDRIP the law of the land. However, in December 2025, the B.C. Court of Appeal disagreed, ruling that “the Declaration Act incorporates UNDRIP into the positive law of British Columbia with immediate legal effect.” This decision has created immense legal uncertainty, allowing First Nations to litigate and potentially overturn any provincial laws.
Even American First Nations have cited DRIPA and UNDRIP in legal challenges, including against the approval of the Eskey Creek mine in northern B.C. A recent survey by the Business Council of British Columbia found that 98% of members are “very concerned” about DRIPA applying to all laws, and the same proportion believe it has not delivered on its promise of investment certainty.
DRIPA is tearing the province apart rather than fostering reconciliation. It must be scrapped.
