Elections BC’s chief electoral officer has granted in-principle approval to a petition from the B.C. Conservatives that seeks to repeal the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA).
DRIPA provides a provincial framework for implementing the United Nations Declaration on the Rights of Indigenous Peoples and requires the provincial government to work with indigenous governing bodies to develop measures to align provincial laws with the declaration.
It has come under increased scrutiny in recent years, as it has been cited in high-profile indigenous land title and mining rights court rulings.
Chief Electoral Officer Shipra Verma said in her Aug. 27 decision that the application met the requirements of the province’s Recall and Initiative Act, including that the proposed legislation falls within the jurisdiction of the B.C. legislature and that the draft bill was written in a “clear and unambiguous manner.”
The two-clause draft bill states that the DRIPA, passed in 2019, would be repealed and the repeal would take effect upon receiving royal assent.
“I am satisfied that the application meets these requirements,” Verma said.
The decision comes after an Alberta court recently ruled that the province’s chief electoral officer should not have approved an initiative application involving a proposed constitutional referendum because Alberta had not consulted with affected First Nations. Verma said she considered the Alberta decision, but determined that the circumstances with the B.C. petition were different.
“The factual context and legislative frameworks in British Columbia and Alberta are distinct,” she said.
Verma said the B.C. application seeks to repeal provincial legislation and does not propose a constitutional change.
She also noted that B.C.’s DRIPA expressly states that it does not abrogate or derogate from indigenous rights recognized and affirmed under section 35 of the Constitution Act.
She added that there has been no similar court ruling concerning the proposed B.C. legislation that would affect her consideration of the application.
Verma also distinguished the two provinces’ initiative laws. She noted that under B.C.’s Recall and Initiative Act, the chief electoral officer’s approval of an initiative petition does not ultimately result in a decision that is binding on the provincial government.
She said that distinction means there is an opportunity for the provincial government to carry out any required consultation with Aboriginal peoples at a later stage.
Harman Bhangu, the B.C. Conservative MLA for Langley-Abbotsford and his party’s transportation critic, submitted the initiative petition on July 30.
Elections BC will issue the petition on Oct. 26, with signature sheets required to be submitted to the chief electoral officer by Jan. 25, 2027.
“BC Conservatives are ready to lead this fight,” Bhangu said on social media. “From Oct. 26 to Jan. 25, we need British Columbians across all 93 ridings to come together. For property rights, jobs and B.C.’s future, join us.”
After a landmark court decision last year found that provincial mining rules were inconsistent with DRIPA, B.C. Premier David Eby said his government planned to amend the act.
He later backed down on the plan in April amid strong opposition from First Nations leaders who support DRIPA.
“This has been, if I can speak frankly, probably the most challenging issue I’ve worked on in government. It is absolutely possible, as a leader, to move off confidently in the wrong direction,” Eby said in April.
Elections BC said it has approved 14 initiative petitions since 1995, and only one, the 2010 petition to reverse the harmonized sales tax, met the requirements.
The Canadian Press contributed to this report.
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