For weeks, Premier David Eby planned to override First Nations' human rights with a sweeping suspension. Now, his government is moving forward cooperatively with Indigenous nations this spring and summer. This shift is a testament to the strong leadership of NDP MLA Joan Phillip and First Nations across B.C., alongside unions and legal groups who have consistently opposed any changes to the Declaration on the Rights of Indigenous Peoples Act (DRIPA).
The Path Forward Lies in Implementation
Seven years ago, Eby, as attorney-general, oversaw DRIPA's historic unanimous passage in the legislature—a cornerstone of former Premier John Horgan's legacy. How did we arrive at this critical juncture?
Eby has consistently chosen the path of least resistance. Instead of defending popular legislation, the B.C. NDP has crumbled under pressure and shifted rightward. It started with the Cowichan decision, a court ruling that Conservatives painted as legal chaos.
Canada has been built on the assumption that when Indigenous rights are perceived as obstacles, they must yield. Now, legislation that offered a different path—grounded in steady-handed negotiations—is at risk from the very government that introduced it, fueled by cost-of-living anxieties.
The Legal Foundation
The 1997 Delgamuukw ruling confirmed that Aboriginal title has never been extinguished. Since then, the government's refusal to negotiate with Indigenous nations has led to a decade of police actions, blockades, and billions in cost overruns. Critics point to the Cowichan decision as a source of chaos, yet it was an inevitable ruling, 160 years in the making. The same applies to the Mineral Tenure Act. Moving toward a system of consent is not only morally right but also avoids the slow-moving legal chaos that follows fast-tracked projects.
Still, the narrative persists that First Nations' consent means uncertainty, negotiation means delay, and shared decision-making means chaos. In reality, government inaction caused instability, not DRIPA. DRIPA does not pretend hard decisions don't exist—it recognizes them and brings everyone to the table with a shared framework before conflict becomes inevitable.
A Model of Collaboration
The Haida Title Lands Agreement is a powerful example of what becomes possible when governments sit down as equals. First Nations' rights are advanced, and fee-simple property rights are protected. This is what DRIPA achieves: stable, mutually beneficial economic development when all people's rights are respected.
DRIPA is not a story of fear. It is a story of collaboration and hope. We need steady politicians willing to do the work—have the conversations, sit at the table, and build a collaborative tradition in B.C. politics. Over the next five months, the government has an opportunity to move beyond futile amendment negotiations and instead build a shared vision with First Nations on a stable, clear path forward through the implementation of DRIPA.
Grand Chief Phillip, a great grandfather, grandfather, and father, is gravely aware that the health, wellbeing, and prosperity of future generations depend on a stable, clear path forward. Emily Lowan is leader of the Green Party of B.C. Grand Chief Stewart Phillip is president of the Union of B.C. Indian Chiefs.
