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B.C. asks Supreme Court to hear appeal of DRIPA ruling, says democratic values at risk
Summary
British Columbia has filed to ask the Supreme Court of Canada to hear an appeal of a court ruling tied to the Declaration on the Rights of Indigenous Peoples Act and says it will also propose legislative amendments; First Nations leaders say the proposed changes would effectively gut DRIPA.
Content
British Columbia has filed a notice asking the Supreme Court of Canada to hear an appeal of a B.C. Court of Appeal decision that found the province's mineral claims regime inconsistent with the Declaration on the Rights of Indigenous Peoples Act (DRIPA). The provincial government also says it will propose amendments to DRIPA in the upcoming legislative session. First Nations leaders, including Robert Phillips of the First Nations Summit, say they have reviewed proposed changes and that leaders overwhelmingly oppose amendments they view as effectively gutting the law. The government's court filing says reconciliation and core democratic values are at stake.
Key facts:
- The province sent a filing to the Supreme Court on Tuesday asking it to hear an appeal of the B.C. Court of Appeal ruling in favour of the Gitxaala First Nation.
- The government plans to propose amendments to the Declaration on the Rights of Indigenous Peoples Act in the next legislative session.
- First Nations leaders, including Robert Phillips, reported that they reviewed proposed changes and oppose amendments they say would undermine DRIPA.
Summary:
The provincial government has pursued both a legal appeal and legislative changes, describing the court ruling as raising concerns about reconciliation and democratic values. First Nations leaders oppose the proposed amendments and say the law should remain aligned with the Declaration on the Rights of Indigenous Peoples. The next legal milestone is whether the Supreme Court will agree to hear the appeal; timing for legislative proposals will follow in the upcoming session.
