Controversy Grows Over B.C.'s Indigenous Rights Law Amid Proposed Amendments

British Columbia's government has found itself at the centre of an escalating dispute over the future of the Declaration on the Rights of Indigenous Peoples Act (DRIPA), following a significant court decision and subsequent proposals from Premier David Eby to alter the legislation. The act, which was passed unanimously by the provincial legislature in 2019, was initially celebrated as a foundational move towards aligning provincial law with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and as a mechanism to avoid protracted legal disputes between the province and First Nations.

However, in early April 2026, Premier Eby announced the government was abandoning its plan for permanent amendments to the act after a virtual meeting with First Nations leaders, citing their strong opposition to unilateral and rapid changes. Instead, Eby proposed a temporary suspension of certain sections of DRIPA for up to three years, pending the outcome of a provincial appeal to a December 2025 B.C. Court of Appeal decision. This proposal would block court challenges arguing that provincial laws fail to align with DRIPA during the suspension period.

The December 2025 court ruling found in favour of the Gitxaała and Ehattesaht First Nations, determining that the province’s obligations under DRIPA—to align laws with UNDRIP principles—are legally enforceable. Eby described the situation as unsustainable, citing an increasing volume of litigation relying on the court's interpretation and warning that the province must act to address what he called a "serious legal liability."

The premier’s latest proposal, which he described as "the least invasive way of addressing government’s concern," was nonetheless characterized as unpalatable by First Nations leaders. Eby confirmed that the government intends to introduce legislation in the coming weeks to suspend parts of DRIPA and the Interpretation Act, with the goal of passing it by May 28, before the legislature rises for its summer break. He also stated that this would be a confidence vote for his government, meaning defeat of the bill could trigger a snap election and potentially his resignation.

Feedback from First Nations on the proposal is being solicited, with Eby promising that it "will be taken seriously." However, he indicated that some form of modification to DRIPA is considered non-negotiable by his government. The action plan associated with DRIPA, which lays out a roadmap for work with First Nations through 2027, and provisions for joint decision-making agreements would not be affected by the proposed suspension, according to a spokesperson for Eby.

Opposition to the proposed changes has been pronounced among Indigenous leaders and organizations. A joint statement endorsed by approximately 30 First Nations, including the B.C. Assembly of First Nations, the Union of B.C. Indian Chiefs, and the Gitxaala, Haida, and Syilx Okanagan nations, criticized efforts to amend DRIPA as a "fear-based response" to the court ruling. The statement warned that legislative changes could "grind projects to a halt" by forcing First Nations to defend their rights in court and called for reflection rather than reaction, cautioning against undermining reconciliation progress.

Kitasoo Xai’xais Nation chief councillor Chris McKnight specifically warned Premier Eby that amending the act could erode trust within Indigenous communities and contribute to social tensions. The joint statement argued that the prevailing narrative wrongly places blame for uncertainty on First Nations while overlooking the historical context of settlement in B.C. and urged the premier to "uphold the Declaration Act, resist calls to amend it or pursue appeals, and to sit down with Indigenous leadership."

Adam Olsen, a former MLA and Tsartlip First Nation lead negotiator, reflected on the shift in political climate since 2019, noting that the unanimous passage of DRIPA is now being reconsidered by the same government, potentially with a narrow majority. Olsen, who did not seek re-election in 2024, pointed to increased polarization and described recent years as challenging for Indigenous relations in B.C., referencing the BC Conservative Party’s calls for a full repeal of DRIPA.

Public opinion has also shifted. An Angus Reid poll found that in August 2025, 44 per cent of British Columbians believed the province's efforts to align laws with UNDRIP went too far in limiting provincial authority over land and resources. By April 2026, this figure had risen to 53 per cent, reflecting growing scepticism about reconciliation and Indigenous rights initiatives.

Legal experts such as Jessica Clogg, executive director of West Coast Environmental Law and a member of the Gitxaała Nation’s legal team, argue that the government's approach, including the expedited timeline for amendments, risks further legal challenges and undermines reconciliation. Clogg contended that the proposed amendments are designed to prevent First Nations from defending their rights in court and to limit the courts' ability to hold the government accountable on reconciliation progress.

Leaked documents reported by the Canadian Press indicated that one of the proposed changes would narrow the government's commitment from aligning all provincial laws with UNDRIP to focusing on priority laws. Cynthia Callison, a partner at Callison & Hanna Law, noted that in practice, the government had already been prioritizing certain areas, such as self-government, anti-racism, family services, and joint resource management. Another proposed amendment would allow the province to alter the DRIPA action plan without necessarily securing First Nations' support, raising concerns about the durability of the plan.

First Nations leaders have also criticized the process for being rushed and unilateral, with limited consultation. Olsen and other Indigenous representatives argue that any legislative changes should be subject to rigorous and meaningful consultation, warning that a poor process could lead to renewed legal disputes.

The DRIPA process is further complicated by recent history. In May 2025, Bill 15, which granted the cabinet powers to fast-track infrastructure projects, drew similar criticism from First Nations, including Don Tom, Chief of Tsartlip First Nation and vice-president of the Union of B.C. Indian Chiefs. Eby has acknowledged past shortcomings in meeting consultation standards but maintains that his government remains committed to reconciliation.

The future of the Declaration Act remains uncertain, with the province facing pressure to act swiftly in response to legal developments while facing sustained opposition from First Nations leaders and fluctuating public sentiment. As the legislative deadline approaches, the government’s next steps may have significant implications for Indigenous rights, provincial law, and the broader process of reconciliation in British Columbia.