British Columbia Premier David Eby plans to review a recent court decision that has raised concerns about the province’s Declaration on the Rights of Indigenous Peoples Act. Eby expressed a need to clarify the legislation if necessary, following a ruling by the B.C. Court of Appeal in a case involving the Gitxaala and Ehattesaht First Nations.
The court’s decision highlighted potential inconsistencies between the United Nations Declaration on the Rights of Indigenous Peoples and the province’s mineral tenure system. The ruling suggested that the provincial law should be interpreted to align with UNDRIP, emphasizing the importance of incorporating Indigenous rights into British Columbia’s laws.
The First Nations argued that the current mineral claims regime did not adequately address the Crown’s duty to consult with affected Indigenous communities. Eby acknowledged the significance of the issue for the province’s future prosperity and indicated a preference for amending the legislation to provide clarity rather than pursuing an appeal to the Supreme Court of Canada.
Speaking at an event in Surrey, B.C., Eby emphasized the need for elected representatives to guide the legislative process, rather than the courts. He stressed the importance of upholding the original intent of the legislation and addressing any confusion that may have arisen from the recent court ruling.