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Eby Rejects Recall, Will Amend DRIPA After Court Ruling on UNDRIP

He plans amendments in response to an appeal court ruling that gave UNDRIP immediate effect in provincial law.

Overview

  • Premier David Eby said his government will draft changes to B.C.’s Declaration on the Rights of Indigenous Peoples Act rather than repeal it or recall the legislature now.
  • The Court of Appeal ruled on Dec. 5 that B.C.’s mineral claims regime is inconsistent with UNDRIP and that DRIPA should be interpreted to give the UN declaration immediate effect in provincial laws.
  • BC Conservative interim leader Trevor Halford formally urged an immediate recall to repeal DRIPA, pledging to forgo routine proceedings to pass repeal within days.
  • Eby said amendments will take time and signaled he wants elected legislators—not courts—guiding alignment with Indigenous rights, while acknowledging a potential appeal to the Supreme Court of Canada.
  • Business leaders joined calls for repeal over legal and economic uncertainty, while Indigenous leadership previously said the Declaration Act is legally binding and cannot be implemented unilaterally.