In British Columbia, the NDP government led by Premier David Eby finds itself paralyzed by its own policies. By embedding the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into provincial law, the province has effectively handed First Nations a veto over development on any claimed territory. This decision has far-reaching consequences that extend beyond B.C.'s borders, potentially stalling Prime Minister Mark Carney's ambitious nation-building projects.
First Nations Co-Governance
Retired Aboriginal law expert Geoffrey Moyse explains, "You have a First Nations advocacy organization co-governing a province. We saw it clearly when the First Nations Leadership Council told Eby what was going to happen. They told him he couldn't legislate or change legislation without their consent." This dynamic has created a political standstill, with the province unable to reverse its commitment to UNDRIP.
National Implications
Meanwhile, Governor General Mary Simon addressed the United Nations Permanent Forum on Indigenous Issues, celebrating UNDRIP's 20th anniversary. At the same forum, Assembly of First Nations National Chief Cindy Woodhouse Nepinak criticized the B.C. NDP government for attempting to amend or suspend parts of the Declaration on the Rights of Indigenous Peoples Act (DRIPA), calling the moves "regressive" and "shameful." Amnesty International also accused Canada of backsliding on Indigenous rights, claiming new laws to fast-track nation-building projects threaten self-determination.
The cognitive dissonance is striking, with two competing versions of reality playing out on the national stage.
Constitutional Clarity Needed
In Alberta, talks on an energy memorandum of understanding with Ottawa are stalled over who pays to decarbonize oil. Yet many expect First Nations' demands will dwarf the carbon issue. For Prime Minister Carney's nation-building plans to succeed, Canada must clarify the meaning of Section 35 of the Constitution—the clause imposing a duty to consult and accommodate Indigenous groups when their treaty or Aboriginal rights may be affected—and decisively back away from former Prime Minister Justin Trudeau's unconditional embrace of UNDRIP.
Canada is unique in constitutionally affirming Aboriginal and treaty rights in Section 35, yet it also seeks to implement UNDRIP on top of that. According to Moyse, the only other nation that has effectively given First Nations a veto through UNDRIP is Bolivia, creating a double whammy for development.
Expert Perspective
Geoffrey Moyse, who lives on Vancouver Island, spent 31 years in the B.C. Attorney General's office advising six different administrations. Now retired, he focuses on educating the 98% of British Columbians who are non-Indigenous about their rights. Reflecting on his legal education at the University of Victoria, he notes, "Nobody knew what they were playing with when they put Section 35 in the Constitution. To be fair to those who were in the room, they had no idea what the Supreme Court of Canada was going to do with that provision—in effect turning themselves into a government and deciding public policy on reconciliation from the Supreme Court building in Ottawa."
