B.C. Election Analysis: What’s the plan if the Declaration on the Rights of Indigenous Peoples Act is repealed?

Nearly seven years ago, the B.C. legislature unanimously passed the Declaration on the Rights of Indigenous Peoples Act.

It was supported by the governing NDP led by then-Premier John Horgan, the B.C. Greens and the B.C. Liberals, the province’s right-of-centre party at the time.

Since then, that support has fractured.

In the Oct. 24 provincial election campaign, B.C. Conservative Leader Lorne Doerkson has said that repealing DRIPA is a top priority. NDP Leader David Eby, as premier, recently embarked on consultations with First Nations on potential amendments, although he has been silent on what they might be.

Other parties — including CentreBC — are calling for changes to DRIPA.

The concern, according to the B.C. Conservatives, which is now the main right-of-centre party in the province, is that the legislation has created uncertainty for First Nations, homeowners and investors.

The Conservatives have not said exactly what that uncertainty is or what they would replace DRIPA with, if anything, or how they expect major economic projects to proceed without a framework for working with First Nations.

“Lorne Doerkson will build strong partnerships with First Nations that deliver jobs and prosperity for communities across the province, and our platform will lay out how,” said a statement from the party provided to Postmedia.

Their full election platform has not been unveiled.

The NDP did not respond to questions put to them after the election was called on what its plan is for DRIPA.

In a statement, CentreBC leader Elenore Sturko said her party would move away from the NDP’s bureaucracy and legislation that is creating economic uncertainty, and added that it will continue to recognize constitutionally protected Indigenous rights.

The B.C. Greens, which have supported DRIPA, pointed to their previously published policy brief, which says the party supports establishing an expert-advisory committee on Indigenous rights, DRIPA and constitutional law to advise the government on legislative developments and making that advice public.

OneBC, led by Dallas Brodie, has called for a repeal of DRIPA, but party officials did not respond to questions about what would replace it.

Despite claims that DRIPA is affecting economic development, there is evidence of projects moving forward since the legislation was introduced and the type of joint-based decision making it is meant to foster.

This year, the Tahltan First Nation consented to the $3 billion expansion of the Red Chris copper and gold mine, which will add hundreds of permanent jobs at the mine, and create about 1,800 jobs during peak construction of the expansion.

The Tahltan also consented to a new $900 million open-pit mine on the site of the former Eskay Creek underground mine that closed in 2008, which is expected to create 800 jobs during construction and 800 jobs during operations.