Based on coverage from CBC, Global News, The Globe and Mail, and Times Colonist.
First Nations leaders in British Columbia are warning the BC NDP they are about to pick a fight that could blow up both reconciliation efforts and the government itself.
The potential suspension of DRIPA has sparked significant debate, echoing broader discussions about government fiscal policies, such as the recent call from the Conservative leader for a temporary suspension of federal fuel taxes, which also raises questions about the government's priorities. For more context on fiscal strategies, see our coverage on the fuel tax suspension here.
At a Vancouver news conference Friday, the First Nations Leadership Council urged NDP MLAs to vote down Premier David Eby’s plan to suspend parts of B.C.’s Declaration on the Rights of Indigenous Peoples Act (DRIPA). Eby says the bill will be a confidence vote, meaning if it fails, his government falls and B.C. could be headed toward a spring election.
BC DRIPA suspension plan explained
DRIPA, passed unanimously in 2019, commits B.C. to aligning provincial laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Eby’s government now wants to pause select sections of DRIPA, potentially for three years. The premier calls it a temporary move to deal with what he says is growing legal uncertainty after a recent B.C. Court of Appeal decision tied to mining claims. Eby says the province needs time to appeal that ruling to the Supreme Court of Canada and get clarity.
He argues the court’s interpretation creates a situation where “every provincial law can be challenged” for inconsistency with UNDRIP, risking what he described as a “tidal wave of litigation.” Eby has also said more than 20 lawsuits against the province have been amended to reflect the ruling.
BC Court of Appeal rulings driving dispute
The government’s push is tied to two major court decisions that put DRIPA in the spotlight.
One was an Aboriginal title decision involving Cowichan Tribes last August, which sparked wider public concern about what Aboriginal title findings could mean for private land ownership.
The second, and the one Eby is focusing on now, is a December B.C. Court of Appeal ruling in favour of the Gitxaała and Ehattesaht First Nations. The court found the province’s mineral claims regime was “inconsistent” with UNDRIP and said DRIPA should be “properly interpreted” to incorporate UNDRIP into B.C.’s laws “with immediate legal effect.”
Eby says that outcome was never the intent and creates broad legal exposure for the province.
First Nations leaders accuse Eby of fear-mongering
First Nations leaders flatly rejected the premier’s framing, calling the move a “unilateral betrayal” that undermines Indigenous rights and reconciliation commitments.
Terry Teegee, regional chief of the British Columbia Assembly of First Nations, said, “Quite simply, the sky is not falling,” and challenged the government to work through DRIPA issues jointly instead of, in his words, fear-mongering.
Lyackson First Nation Chief Shana Thomas said the province has leaned on misleading arguments, including linking the Cowichan case to threats against private land. She pointed to Cowichan leaders saying they are “not seeking to dispossess any individuals of private land,” and argued the government has still allowed public anxiety to simmer.
Robert Phillips of the First Nations Summit Political Executive called it a moment First Nations “will not back down” from, and said misinformation, prejudice, and racism are rising around the debate, adding that the premier is “adding fuel to the fire.”
Union of B.C. Indian Chiefs Grand Chief Stewart Phillip went further, saying the problem is “Premier Eby himself” and calling it a leadership issue.
Confidence vote puts BC NDP majority at risk
The political math is tight. The NDP holds a single-seat majority, so Eby needs his caucus aligned, including support from three Indigenous NDP MLAs.
One of them, Vancouver MLA Joan Phillip, is at the centre of attention. Her husband, Grand Chief Stewart Phillip, says she does not support “any tinkering or meddling with DRIPA,” though he also stressed he can’t speak for her directly. Reporting also notes Joan Phillip is dealing with an undisclosed illness.
Eby, for his part, says MLAs are free to vote how they believe is best for British Columbians, describing a “wide diversity of voices and views” in caucus.
What happens next in the BC legislature
The bill to suspend portions of DRIPA could be introduced as early as this coming week, when the legislature resumes sitting. The First Nations Leadership Council is calling on the province to withdraw the proposal and return to consultation. They also warned that without free, prior, and informed consent, they will pursue “every available avenue, legal, political and through direct action” to defend First Nations’ rights.
Eby says he’s disappointed he hasn’t convinced First Nations leaders of the legal risks, but insists he “cannot in good conscience” leave those risks unaddressed.
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