First Nations leaders defend B.C. Declaration Act amid growing calls for repeal | Daily Hive

First Nation pole in the Cowichan Valley. (Andrea C. Miller/Shutterstock)

First Nations leaders across British Columbia are publicly defending the provincial government’s Declaration on the Rights of Indigenous Peoples Act, warning that calls to amend the law or appeal recent court decisions risk undermining economic certainty, reconciliation, and even public safety.

In a joint statement released today and endorsed by a growing list of Rights and Title-holding Nations and Indigenous political organizations, the leaders described the Declaration Act as a “backstop of certainty in a world of chaos,” and urged political leaders and the public to reject what they characterize as fear-based and polarizing rhetoric.

The statement comes amid heightened debate about the future of reconciliation following recent court rulings, including the December 2025 ruling that B.C.’s mineral claim system is currently inconsistent with the Declaration Act, which reaffirmed the Crown’s duty to consult and negotiate with First Nations — based on the interpreted principles of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP).

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A growing chorus of critics — such as from the business community and opposition parties, such as the Conservative Party of B.C. — have argued the decisions and the Declaration Act create uncertainty for development and investment, with the ruling earlier this month potentially also triggering an overhaul of a wide range of provincial laws beyond mineral rights. They have argued for the need to urgently repeal the Declaration Act and appeal the court’s ruling.

In response to the ruling and backlash, Premier David Eby has made comments emphasizing that the provincial government will consider amendments to the act, but not a full repeal.

However, First Nations leaders strongly dispute the claims and urge for amendments, repeal, and appeal.

“Recent calls to amend the Declaration Act or appeal court rulings are rooted in this fear-based response,” reads the statement. “They suggest that the framework we have built together is the problem, when in fact it has been part of the solution. These actions would not create certainty — they would slow progress, increase litigation, and grind projects to a halt as First Nations are once again forced to defend our rights and interests through the courts.”

The leaders caution that blaming First Nations for economic uncertainty ignores the historical reality that most of B.C. was settled without treaties, a legal context that continues to shape resource development and governance today. Allowing that narrative to drive public discourse, they suggest, risks pulling the province back toward conflict, prolonged litigation, and even threats of violence against Indigenous peoples.

Instead, the statement frames the Declaration Act as part of the solution to B.C.’s economic challenges. Indigenous Nations, the leaders note, are major contributors to the provincial economy, supporting local jobs, advancing responsible development, and helping close long-standing economic gaps.

“These projects depend on the certainty provided by the Declaration Act,” the statement says, describing the legislation as a clear framework for governments, First Nations, and industry to work together while advancing reconciliation.

Passed unanimously by the provincial legislature in 2019, the Declaration Act aligns B.C. laws with UNDRIP. According to the First Nations leaders, the act was developed collaboratively with Indigenous peoples and has helped foster greater trust, stability, and predictability across the province.

The leaders are urging Premier Eby to uphold the Declaration Act, resist calls to amend it or pursue appeals, and continue working directly with Indigenous leadership.

“As we look toward 2026, British Columbia faces a clear choice about the path we walk together,” the statement concludes. “A path of negotiation, collaboration, and shared prosperity with First Nations and all British Columbians, or a path that takes us backward to a place of uncertainty and conflict.”

The joint statement has been endorsed by dozens of First Nations and Indigenous organizations across the province, including the Union of B.C. Indian Chiefs, the First Nations Summit, the B.C. Assembly of First Nations, and Nations from Vancouver Island to the Interior and the North Coast.

The Declaration Act controversy comes against the backdrop of a series of high-profile Aboriginal title court rulings that have intensified debate in B.C., with critics arguing the decisions have unsettled private property rights and chilled economic investment.

But the Aboriginal title rulings have also given rise to confusion about the role of the Declaration Act itself. Some have suggested repealing or amending the legislation would override the court decisions relating to land title certainty, but in practice, they are not directly related.

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