Declaration on the Rights of Indigenous Peoples Act (British Columbia)

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Declaration on the Rights of Indigenous Peoples Act
Coat of arms of British Columbia.svg
Legislative Assembly of British Columbia
CitationS.B.C. 2019, c. 44
Royal assent 2019-11-28
Legislative history
Bill titleBill 41
Introduced by Scott Fraser, Minister of Indigenous Relations and Reconciliation
First reading 2019-10-23
Second reading 2019-10-31
Third reading 2019-11-26
Status: In force

The Declaration on the Rights of Indigenous Peoples Act (sometimes referred to as the Declaration Act or DRIPA)is a law enacted by the Legislative Assembly of British Columbia and introduced in 2019. The legislation establishes a legal framework and timeline to bring British Columbian law into alignment with the United Nations' Declaration on the Rights of Indigenous Peoples (UNDRIP).

Contents

The law requires the provincial government to ensure British Columbian law is consistent with the declaration's 46 articles, working with First Nations, Métis, and Inuit peoples. A key element is requiring free, prior and informed consent (FPIC) with the Indigenous peoples. [1] It did not set out a timeline for implementation. [2]

The legislation is part of the government's response to a recommendation from the Truth and Reconciliation Commission (TRC) to adopt and implement UNDRIP as the framework for reconciliation. It also responds to the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG). [3]

Implementation

Two and a half years after the act was passed the provincial government released an action plan for implementing the declaration act over 5 years. [4]

The provincial government created the Declaration Act Secretariat, led by Jessica Wood, who is from the Gitxsan and Tsimshian First Nations. [5]

The action plan did not include the province's mineral claim staking system. [6]

History

Canada and the declaration

Canada led efforts to weaken the draft declaration in 2002 and 2003, alongside Australia, New Zealand and the United States, though this was only revealed in 2024. [7] [8]

The UN resolution was passed in 2007. [9] Four countries voted against the resolution: Australia, New Zealand and the United States. [10] Twelve countries voted against and 143 countries voted in favour of the resolution. [10]

UNDRIP was passed by the UN General Assembly in 2007, with Canada voting against it under a Conservative government. [11] In November 2010, the Conservative government publicly reversed its position, asserting its support for the declaration as an "aspirational document". [12] In May 2016, Crown-Indigenous Relations Minister Carolyn Bennett officially removed Canada's objector status to UNDRIP at the United Nations. [13]

Roméo Saganash's failed Bill C-262

In the Parliament of Canada, Bill C-262 was introduced on April 21, 2016, as a private member's bill by New Democratic Party MP Roméo Saganash to implement the UN's resolution. Although Prime Minister Trudeau had campaigned in 2015 on the promise to implement the declaration, [14] the Liberal government was not initially supportive, publicly declaring its implementation into Canadian law as "unworkable." [15] In November 2016, however, the government reversed this position, endorsing Bill-262. [15] Nevertheless, Bill C-262 "died on the order paper" in the senate during a Conservative filibuster. [16]

Maclean's referred to Saganash as the declaration's first "parliamentary champion". [17]

Provisions

The act mandates bringing provincial laws in line with the declaration. [6]

Reception

Praise

The legislation was praised as a "significant effort" by Chief Jerry Jack of the British Columbia Assembly of First Nations, and as a "positive development" by Grand Chief Stewart Phillip of the Union of British Columbia Indian Chiefs. [18] [3]

At the time of the legislation passing Mining Association of BC, Michael Goehring described his view as "cautiously opitmistic", describing the legislation as bringing greater certainty to the mining sector. [1]

Criticism

Ellis Ross, former chief councillor for the Haisla Nation and candidate for the leadership of BC United, criticized the act for delaying forestry, mining, natural gas and other industrial agreements, and hindering "economic reconciliation". [19]

Further developments

Law Society of British Columbia

In 2022, the Law Society of British Columbia started to require taking an indigenous intercultural course, in response to a recommendation of the Truth and Reconciliation Commission. [20] The course includes content on UNDRIP. [20]

City of Vancouver

In 2023, the City of Vancouver appointed a senior director of Indigenous relations and approved a strategy for implementing UNDRIP. [21] In 2024, the city approved a 5-year action plan for implementing UNDRIP. [22]

See also

References

  1. 1 2 King-Abadi, Sara (2021-02-25). "Industry and First Nations groups are hopeful for the nationwide adoption of UNDRIP after seeing the results in British Columbia". CIM Magazine. Archived from the original on 2021-03-11. Retrieved 2025-04-28.
  2. ↑ Penner, Derrick (2019-10-24). "B.C. makes history with legislation to implement UN declaration on Indigenous rights". Vancouver Sun. Archived from the original on 2020-03-05. Retrieved 2025-04-28.
  3. 1 2 Lightfoot, Sheryl (2019-11-13). "B.C. takes historic steps towards the rights of Indigenous Peoples, but the hard work is yet to come". The Conversation. Archived from the original on 2019-11-14. Retrieved 2025-04-28.
  4. ↑ Pawson, Chad (2023-11-02). "First Nations leaders voice frustration over slow pace of change since B.C. passed UNDRIP-based rights act". CBC News. Archived from the original on 2024-12-04. Retrieved 2025-04-28.
  5. ↑ Dickson, Courtney (2024-11-16). "Indigenous communities remember John Horgan, 1st premier in Canada to enshrine UNDRIP into provincial law". CBC News. Archived from the original on 2024-12-15. Retrieved 2025-04-28.
  6. 1 2 Mach, Jessica (2025-01-22). "BCCA hears appeals on Declaration on the Rights of Indigenous Peoples Act enforceability". Canadian Lawyer Magazine. Archived from the original on 2025-02-16. Retrieved 2025-04-28.
  7. ↑ Forester, Brett (2024-01-15). "Canada led efforts to weaken original UN Indigenous rights declaration". CBC News. Archived from the original on 2024-01-19. Retrieved 2025-04-27.
  8. ↑ Hurst, Daniel (2023-12-31). "Howard government worked with Canada to oppose UN declaration on Indigenous rights". The Guardian. Archived from the original on 2024-01-19. Retrieved 2025-04-27.
  9. ↑ Galimberti, Simone; Shakya, Prabindra (2025-03-18). "Indigenous peoples' rights: The ASEAN paradox". The Jakarta Post. Archived from the original on 2025-03-18. Retrieved 2025-04-27.
  10. 1 2 Taonui, Rawiri (2017-09-13). "UNDRIP at 10: Are we making progress in the global fight for Indigenous rights?". Open Canada. Archived from the original on 2020-11-24. Retrieved 2025-04-27.
  11. ↑ "Globe editorial: The Liberals are about to pass an UNDRIP bill, and they'd rather not say what it means" . Retrieved 2021-06-12.
  12. ↑ "Canada endorses indigenous rights declaration" . Retrieved 8 July 2021.
  13. ↑ Cheadle, Bruce (2016-05-12). "Canada now full supporter of UN Declaration on Rights of Indigenous Peoples, Bennett says". Toronto Star . Retrieved 2020-12-04.
  14. ↑ Brake, Justin (Jun 24, 2019). "'Let us rise with more energy': Saganash responds to Senate death of C-262 as Liberals promise, again, to legislate UNDRIP". APTN National News . Retrieved 8 July 2021.
  15. 1 2 Tasker, John Paul (Nov 21, 2017). "Liberal government backs bill that demands full implementation of UN Indigenous rights declaration". CBC News . Retrieved 8 July 2021.
  16. ↑ Smith, Marie-Danielle (2019-06-20). "Dozens of bills, including on sexual assault and UNDRIP, die in Senate amid Conservative filibuster". The National Post . Retrieved 2020-12-04.
  17. ↑ Taylor-Vaisey, Nick (2020-12-04). "The legacy of Romeo Saganash, UNDRIP's first parliamentary champion". Maclean's. Archived from the original on 2025-04-27. Retrieved 2025-04-27.
  18. ↑ Larsen, Karin (2022-03-30). "B.C. reveals 89-point action plan to advance the rights of Indigenous Peoples". CBC News. Archived from the original on 2025-03-23. Retrieved 2025-04-28.
  19. ↑ Todd, Douglas (2024-06-21). "B.C.'s embrace of UN declaration is 'holding back' First Nations". Vancouver Sun. Archived from the original on 2024-06-20. Retrieved 2025-04-28.
  20. 1 2 Eñano, Katrina (2022-03-01). "Law Society of British Columbia now mandates B.C. lawyers to take Indigenous intercultural course". Canadian Lawyer. Archived from the original on 2024-08-09. Retrieved 2025-04-28.
  21. ↑ Gomez, Michelle (2023-06-19). "Meet Vancouver's first senior director of Indigenous relations". CBC News. Archived from the original on 2023-06-19. Retrieved 2025-04-28.
  22. ↑ "City of Vancouver, First Nations unveil 5-year UNDRIP action plan". CBC News. 2024-06-03. Archived from the original on 2024-10-07. Retrieved 2025-04-28.
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