Eby seeks to suspend Indigenous rights law

Premier David Amy walked into room with First Nations leaders today and proposed

suspending DRIPPA. That's the BC's declaration on the rights of

Indigenous Peoples Act for up to three years. The response from First Nations

leaders, well, complete opposition. Now, here's what DRIPPA actually is and why

it matters. Back in 2019, BC became the first jurisdiction in Canada to put

the United Nations Declaration on the rights of Indigenous Peoples in the

law. Now, every party in the legislature voted for it. It was unanimous. It

was historic, but there's a key point here. It lost in the debate. DRIPPA was

always aspirational. It was a framework, a direction of travel, a commitment to

work towards aligning provincial laws with Indigenous rights over time. It was

never meant to be a legal sledgehammer. At least that's what the province

thought. Then the courts got involved. Two decisions changed everything. One

recognizing the Cowach and tribes Aboriginal title overland in Richmond.

Land that includes private property, which we heard about yesterday from

Malcolm Brody. Another found BC's entire mineral claims regime inconsistent

with DRIPPA. Suddenly, what was meant to be an aspirational guiding document had

real immediate and far reaching legal teeth. Now, Mr. E.B. says changing it is

non-negotiable. He wants elected representatives making these calls not judges.

First Nations say that's bad faith. They've been given five business days to

respond to proposed amendments. Premier David E.B. spoke to a media earlier

today. Let's listen to his comments. It's a hard conversation to sit down with

Indigenous leaders and say we have no choice. We have to take action to

protect the province from unlimited legal liability created by the court of

appeal decision. This creates a process that I don't like that I know Indigenous

leadership doesn't like. But one of the messages and really one of the pieces

that is reality is that the work won't stop. The work will continue through

this process. The Declaration Act set out the plan by which we would do the

work. And we have committed that we're going to continue to work in

partnership with First Nations going forward. That was a Premier David E.B.

speaking about an hour ago. And I just want to let our listeners know that

Premier David E.B. will be joining us live on this show at 430. We're joining us

now to talk about everything that transpired at the legislature today is

Alec Alayzen B, legislative reporter for the Vancouver Senate in the province.

Alec thank you so much for your time. Thank you for having me Jeff. Can you just

describe not just a press conference but just how the day transpired how all of

this occurred. You what you saw what you heard? Yeah so the Premier had a meeting

with First Nations leaders this morning and we were aware that that was going

to happen around 10 o'clock. Around 10 o'clock is also when the legislature

starts. We got an indication from the Premier's office that the Premier

would be standing up to speak about how the meeting went. We found out about

half an hour to an hour later that that would occur around 1.30 before you

know we were found out about that before the meeting was even over and then as

soon as the meeting was over a bunch of us started hearing from concerned

First Nations leaders about what was going on in terms of a potential pause of

drippa and which is very different from the amendments that the Premier put

forward but essentially what it does and he came out of confirmed that 1.30 is

that for the next three years if the legislation if the amendments fast all

sections of drippa outside of section 6 and 7 which allows the province to

enter into agreements with First Nations would be paused so that would have

prevent in EV's comments and eyes from that prevent drippa from being

applied to potential laws and prevent courts from striking down provincial laws

but they deem inconsistent with drippa has happened with the mineral tenure

act back in December and have you had a sense of what the First Nations leaders

are saying at this particular point I know what's very early but have you got a

sense of what the response has been? Yes they're you know concerned with the

changes they say that this is a step that that backwards for reconciliation I

talked to Robert Phillips of the First Nations summit and he said that I also

talked to Adam Olson who was the former Green Emily member of the Sartland

First Nation and he said that you know they they had this proposal last week

for amendments that the premier said yesterday as recently as yesterday were

non-negotiable that would have limited what laws drippa applied to and he said

that Olson said that First Nations leaders came into this meeting all prepared

to respond to those amendments which they only got last Monday and were only

given till Friday to respond to and then the premier comes into the meeting

and after some introductions puts forward a completely different proposal

about the pausing the vast majority of drippa for the next three years and

giving First Nations leaders very little time to respond or think of you know

what their position on it is and essentially giving them up until after Easter

Easter break week to provide a response to what they want to do whether they

want to move forward with the amendments or whether they want to move forward

with the suspension of drippa and you know of some First Nations leaders

they're saying it's basically a you know a fair complete by the premier what

do you think has changed from the amendments to the pa to the pause I mean

what do you think transpired it was it just legal recommendations legal

conversation that that forced Mr. Eby and his government to do this or is this

sort of seen through a political lens here that these amendments weren't going to

work out my understanding is that this is more from a political lens or at

least that's my sense of how this all transpired you know the premier told

reporters just a couple hours ago that you know he had heard loud and clear

from First Nations that the amendments as proposed were unacceptable and he

came up with this is a different option and he also has three members of his

caucus who are indigenous and you know you've got Deborah topperowski you've

got Joan Phillips who is the wife of Stuart Phillips of the Union of BC

Indian Chiefs and you've got Tamara Davidson out and fight it why and so I'm

also wondering if there was some talk within caucus but whether those three

members could vote for these amendments now whether they can vote or the

suspension as well as unclear and he brushed aside

questions about that today but at the same time you know the premier said

today that this is a confidence vote and he only has a one-seat majority and

so it'll be very interesting to see how this plays out so when does this get

introduced into the legislature do you think I'm not gonna hold you to it I know

it's a bit of a guesstimate but I'm just curious because the the the conversation

around a confidence vote not having the potential support of some members of

his caucus it does put a lot of sense to jeopardy any sense of when this will be

introduced no sense yet outside of the fact that it didn't come in today so that

means that it will come in after the Easter break the house isn't sitting

next week and then we've got six more sitting weeks until we break for summer

and the premier said that it will be brought in in the spring legislative

session so it's got to be some time if not the first week after we get back

from the Easter break week it's got to be the next week after that because

otherwise he doesn't leave and himself and his government a whole lot of time

to debate this legislation and push it through the house and have we heard from

the green party who has been supportive mostly of NDP legislation although there

been disagreements what is their position on this we haven't heard from the

green party as of yet this is still all very new but I imagine they will be

opposing this suspension of DRIPPA they oppose the amendment to DRIPPA and

I imagine this suspension of DRIPPA won't be any different how much I'm not

sure if the question was asked today but how much of this is mystery be in his

governments maybe a fault doesn't the right word perhaps it is the right word

that this is at the end of the day self-inflicted yesterday was a vote in 2019

that I understand but the way they've handled this how much of this is just

also what you know how much of this is just about a government that has you

know sort of not defended this and the somewhat described as self-inflicted

wounds and then it it certainly appears that way because the solution that they

brought forward it pleases no one it doesn't please first nation leaders it

doesn't please the opposition who want to see a full repeal of DRIPPA I imagine

the back and forth over whether they're amending the legislation whether

they're suspending it also create some uncertainty and I think you know

who people just want to see certainty around what's going on here and I

I'm not sure we're seeing that at this point I mean you you said you were

mentioning that you know there's obviously going to be looking at this through

a political lens I mean the latest poll from Angus Research Institute that just

came out the other day does speak to British Columbians and their concerns over

First Nations issues DRIPPA and the impact on private property rights is it fair to say

that played a maybe not that particular poll but just the polling numbers are

playing to a certain degree a role in regards to Mr. Eby and his government's decisions

I think certainly the political this is a decision driven by political

calculations about what they need to do to keep support and now that's hard

because I sort of feel like the government is stuck between a rock and a hard

place with a lot of these changes and as I said previously the suspension I

imagine Lisa's no one and so it's going to be interesting to see how they

handle this but yeah it's it's a very interesting thing like First Nations are

upset not just about the changes but also the lack of consultation you've got

Richmond which is wanting to clear answer although these changes aren't in relation

to DRIPPA as much as it is the Mineral Tenure Act it will be interesting to see how they

how they handle this moving forward. Alex as always thank you so much for your time really

appreciate it. Thank you so much. Hello there. Thursday's on global. I'm Madeline Matlock.

She's the lawyer with a legendary name. Don't underestimate this Matlock. This one is a shark.

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