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Jurist Rights groups urge British Columbia to recommit to implementing Indigenous rights

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Dadparvar

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Nov 11, 2016
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More than 80 rights groups and individuals jointly called on British Columbia (BC) to recommit to implementing Indigenous rights on Wednesday.

In the statement, the groups urged the government not to amend the provincial Declaration on the Rights of Indigenous Peoples Act (DRIPA) and the Interpretation Act, so as to preserve the reconciliation efforts that have been ongoing for decades. The statement highlighted that DRIPA and its meaningful implementation have been addressing the economic and social marginalization of Indigenous peoples. These measures include recognizing Aboriginal title and rights to their lands and resources, promoting self-government, and ensuring equal opportunities. The statement urged Premier Eby to uphold these commitments despite the recent rise of “anti-Indigenous rhetoric and fearmongering.”

The statement follows Premier David Eby’s announcement in January of the government’s intention to amend provincial legislation and limit the courts’ role in reconciliation efforts. As the negotiation on the amendment is ongoing, the details of the proposed change are not currently available to the public. However, Robert Phillips, political executive of the First Nations Summit, described the proposed amendment as “almost gutting DRIPA out.”

In a letter sent from the Association for Mineral Exploration to Premier Eby in January, the industry suggested repealing all relevant sections in DRIPA and the Interpretation Act that ensure all legislation and government actions are consistent with the UN Declaration on the Rights of Indigenous Peoples. The proposed amendment would also require that government measures in the DRIPA action plan must include compensation measures for the directly affected public. Whether, and to what extent, Premier Eby’s proposal is comparable to the industry’s proposal cannot be ascertained for now.

In December 2025, the majority of the BC Court of Appeal held that DRIPA incorporates the UN Declaration into BC’s domestic law, allowing the court to adjudicate on whether a provincial law is consistent with the UN Declaration. On the other hand, dissenting Justice W. Paul Riley held that overseeing measures that implement the UN Declaration fall within the legislative authority and that the adjudication would constitute judicial overreach. The provincial government applied for leave to appeal the ruling to the Supreme Court of Canada on February 3.

Previously, lawyer groups also voiced their concerns over the implications on judicial independence brought by the proposed amendment. They argued that the proposal may limit the court’s function to interpret legislation and meaningful access to the courts.

The UN Declaration, adopted by 143 states in 2007, represents the minimum standards for the survival, dignity and well-being of Indigenous peoples. After Canada reversed its previous vote against the UN Declaration in 2016, British Columbia was the first government to implement the UN Declaration through legislation in 2019. Two years later, the Parliament also passed a similar act, requiring federal laws to be consistent with the UN Declaration.

The post Rights groups urge British Columbia to recommit to implementing Indigenous rights appeared first on JURIST - News.

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