B.C. Conservatives accuse NDP of secrecy over proposed DRIPA changes | Daily Hive

'Closed-door politics': B.C. Conservatives accuse NDP of secrecy over proposed DRIPA changes

David Eby. (Government of BC)

The official opposition party in the provincial legislature is raising concerns about transparency in the BC NDP-led government’s handling of proposed amendments to a key reconciliation law, arguing the process has been conducted largely out of public view.

The Conservative Party of B.C. asserts the BC NDP has not been forthcoming with details surrounding potential changes to the 2019-enacted Declaration on the Rights of Indigenous Peoples Act (DRIPA).

In a statement released this week, the opposition criticized what it described as a lack of openness, pointing to media reports that draft amendments have been shared privately while remaining unavailable to the broader public.

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As first reported by the Canadian Press, documents outlining the proposed changes have been circulated behind closed doors.

As well, some First Nations leaders were required to sign non-disclosure agreements before reviewing them, according to the B.C. Conservatives. Meanwhile, the public has not been given access to the proposed amendments or an explanation of their implications.

The B.C. Conservatives argue that approach risks undermining trust at a time when the provincial government maintains that reconciliation is still a central priority.

“Reconciliation cannot be advanced through secrecy, confusion, and closed-door politics,” said Scott McInnis, the B.C. Conservatives’ critic for Indigenous relations and the MLA for Columbia River-Revelstoke.

“If the BC NDP believes these amendments are necessary, they should have the courage to publish them, explain them, and defend them in public. Instead, British Columbians are seeing an NDP government hide behind cabinet confidence, rely on non-disclosure agreements, and leave both First Nations and the public guessing.”

In December 2025, the B.C. Court of Appeal ruled that the provincial government’s mineral claim-staking system is inconsistent with Indigenous rights and DRIPA, which is based on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The court found that DRIPA has immediate legal effect in provincial law — a decision with far-reaching implications, as it requires the provincial legal system and all laws to be interpreted in accordance with the Declaration Act.

In response to a public and media outcry over the ruling’s implications, Premier David Eby announced that amendments would be made to DRIPA to reinforce provincial authority, with the premier asserting that it is not the government’s responsibility, not the courts, to carry out reconciliation.

Originally, the amendments were expected to be made in Spring 2026, but the BC NDP have signalled they are performing more consultation with First Nations, with many expressing opposition to the changes. Therefore, the timeline for the changes is unclear.

The opposition contends that the provincial government’s current approach of making those amendments is contributing to uncertainty, with the general public, businesses, and municipal and regional governments being asked to support a process without access to key information.

Concerns have also been raised about the potential impact of the amendments, including how they might affect legal frameworks, resource development, and future policy decisions tied to reconciliation efforts.

The B.C. Conservatives note that some First Nations leaders have expressed unease over tight timelines and confidentiality requirements, while members of the public remain unclear about what changes are being proposed.

They are calling on Eby to release full details of the amendments, eliminate the use of non-disclosure agreements related to the process, and provide comprehensive briefings to all members of the legislature before any legislation is introduced.

They are also urging the provincial government to commit to a broader public consultation process.

“This government is failing the basic test of leadership,” added McInnis.

“You do not build confidence by hiding the ball. You do not strengthen reconciliation by shutting the public out. And you do not reduce polarization by creating an atmosphere of secrecy and confusion.”

Previously, in December 2025, following the court’s ruling, the B.C. Conservatives called for an urgent full repeal of DRIPA given the immediate major impact it could have on economic and investment confidence, instead of proceeding with any time-intensive amendments.

Earlier this month, the provincial government also announced an updated proposal that outlines potential changes to the amendments to the Heritage Conservation Act. After similar criticism, the latest changes would backtrack on expanding First Nations powers under this heritage protections law.

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