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Reconciliation must not be left to government convenience.
Summary
The B.C. Court of Appeal in Gitxaała found courts can assess whether provincial laws align with the UN Declaration on the Rights of Indigenous Peoples, and Premier David Eby said he will amend the Declaration on the Rights of Indigenous Peoples Act in the spring.
Content
British Columbia faces a dispute over how reconciliation laws are reviewed. The B.C. Court of Appeal's decision in Gitxaała said courts can determine whether provincial laws align with the UN Declaration on the Rights of Indigenous Peoples and affirmed a provincial duty to co‑operate with First Nations. In response, Premier David Eby said he will amend the Declaration on the Rights of Indigenous Peoples Act in the spring.
Key points:
- The B.C. Court of Appeal in Gitxaała found courts may assess whether provincial law is consistent with the UN Declaration on the Rights of Indigenous Peoples and stated the province has a duty to co‑operate with First Nations.
- Premier David Eby announced plans to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in the spring, citing the court decision.
- The court returned the matter to government for further action rather than rewriting the law.
- DRIPA was passed unanimously in 2019 and Section 3 creates a duty for the province to align its laws with the UN Declaration in consultation with Indigenous peoples.
Summary:
The Court of Appeal preserved a role for judicial review while sending the question of legal alignment back to government. The province plans to pursue amendments to DRIPA in the spring; how those amendments will proceed with Indigenous peoples is undetermined at this time.
