B.C. premier is now proposing to temporarily suspend controversial First Nations DRIPA law, instead of making changes this spring

Apr 3 2026, 12:36 am

Following a December 2025 ruling by the B.C. Court of Appeal, which determined that the BC NDP-led provincial government’s 2019 Declaration on the Rights of Indigenous Peoples Act (DRIPA) has immediate legal effect on provincial law — effectively requiring the entire legal framework to be interpreted through its lens — Premier David Eby responded to the ensuing public, business community, and media backlash by announcing plans to introduce amendments in the Spring 2026 legislative session to clarify and reaffirm the provincial government’s ultimate authority.

This DRIPA amendments approach was also reiterated in January 2026.

But those timely amendments to restore economic and investor confidence and stability has now given away to Eby’s different approach of merely suspending select problematic parts of DRIPA for up to three years through 2028, and potentially making amendments at some point further down the road.

Eby told media today that this change of approach follows overwhelmingly opposition from First Nations to amend DRIPA at this time, and that the forthcoming decision to pause certain sections of DRIPA this spring will be a confidence vote on his government. Some reports also suggest this is also a measure to protect the provincial government’s appeal request to the Supreme Court of Canada to review the December 2025 decision by the B.C. Court of Appeal.

In response, Trevor Halford, the interim opposition leader of the Conservative Party of B.C. and the MLA for the riding of Surrey-White Rock, charged that this approach will create even more economic uncertainty and asserts that it is a political delay tactic.

“This is not a solution, this is a political move,” said Halford today. “The NDP are proposing to suspend parts of DRIPA for up to three years, conveniently pushing accountability beyond the next election in Fall 2028.”

“This government has hit the panic button. The Premier does not have support from First Nations, he does not have clarity for British Columbians, and it’s becoming clear he does not even have consensus within his own caucus.”

After the appeal court’s December 2025 decision ruled that the provincial government’s mineral claim-staking system is inconsistent with Indigenous rights and DRIPA, there were immediate calls for DRIPA to be repealed or at least amended in a timely manner to address the immense economic and investor uncertainty it creates.

The B.C. Conservatives previously called for an urgent full repeal of the entirety of DRIPA — based on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — to address this issue.

But the proposed legislation dealing with DRIPA have also been shrouded in secrecy, with the text only circulated behind closed doors with some First Nations leaders, who were required to sign non-disclosure agreements before reviewing them.

“We are now being told parts of the law may be suspended while court cases play out, but no one can say what happens after that. That is not certainty, that is prolonged instability,” continued Halford, asserting that this leaves British Columbia’s businesses and invesetors without clear answers on land, projects, and decision-making.

“Instead of fixing the problem, the Premier is delaying it. The government’s flip-flop on the issue is an admission this government has lost control of the situation.”

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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