Thoughts on BC Politics and More

The BC government needs clarity from the Supreme Court of Canada on a landmark mineral rights claim, Premier David Eby says. But the lawyer representing the challenger says that they would have preferred the province respect the lower court's decision. Eby said Thursday it is very good news that the court will hear its appeal of a ruling that found the United Nations Declaration on the Rights of Indigenous Peoples and the provincial mineral claims regime are "inconsistent." The BC Court of Appeal ruled in December that the provincial Declaration on the Rights of Indigenous Peoples Act, or DRIPA, should be "properly interpreted" to incorporate the UN declaration into the laws of B.C. with immediate legal effect. That ruling set off the appeal from the province amid concerns that it could cause economic uncertainty ... CLICK HERE for the full story 

How badly does the NDP government not want to talk about the Declaration on the Rights of Indigenous Peoples anymore? Very badly, judging by debate on one of two First Nations treaties that were hustled into the legislature as the DRIPA crisis was reaching full boil last month. The government made a vain attempt to steer away from DRIPA during debate on the K’ómoks treaty covering parts of northern Vancouver Island, even though DRIPA is specifically cited as an integral part of the treaty. The Conservative Party of BC Opposition is intent on exploring every aspect of the contentious law that recognizes Indigenous rights to full partnership in most provincial decision-making. It’s an obvious way to score political points. It is also warranted by the implications of the court decision last year that created the controversy ... CLICK HERE for the full story 

The following is a condensed version of Kamloops – North Thompson MLA Ward Stamer’s remarks, to the BC Legislature, on the afternoon of Tuesday May 19th : I rise today to continue remarks on Bill 20, the K’ómoks treaty, and to address what I believe are some of the most important constitutional, democratic and governance concerns facing this Legislature today. At the centre of this debate are two major issues. First, unresolved overlapping territorial boundaries tied to this treaty process. And second, the growing legal and political consequences arising from the provincial government’s implementation of the Declaration of Rights of Indigenous Peoples Act, more commonly known as DRIPA. Much of the government’s defence on DRIPA rests upon references to the United Nations declaration on the rights of Indigenous Peoples, commonly known as UNDRIP. And this is where we must begin having a more honest and mature conversation in this province. UNDRIP was never originally designed to function ...

The BC Conservatives are sounding the alarm after receiving multiple filings in the BC Supreme Court in which U.S.-based Indigenous tribes are relying on DRIPA, UNDRIP, and the Interpretation Act to assert greater recognition of Aboriginal rights and direct involvement in British Columbia affairs. “This is a clear and growing sovereignty crisis,” said Scott McInnis, Critic for Indigenous Relations. “The Premier himself has referred to the DRIPA situation as an existential threat to British Columbia, and has said amendments are non‑negotiable. We are now seeing exactly why.” Court cases reveal that American tribes are attempting to leverage DRIPA to gain standing and influence inside BC. “It is becoming increasingly clear that DRIPA is being weaponized in ways never transparently disclosed to British Columbians,” McInnis said. “Allowing U.S. tribes to expand their reach into BC governance is deeply concerning and completely unacceptable.” One notable case, brought by a group of Alaskan ...

Columbia River-Revelstoke MLA Scott McInnis I have a lot of respect for Adam Olsen. We don’t always agree on politics, but I respect the man. I have to say there are several key points within his op-ed   (The Tyee – Jan 5, 2026), however, that are attempting to further downplay what is a serious situation in BC. No, David Eby didn’t give a chunk of Richmond to the Cowichan; the courts did based on the constitution and evidence. But the notion that he’s actually serious about defending private property interests is laughable. No, David Eby didn’t give a chunk of Richmond to the Cowichan; the courts did based on the constitution and evidence.  But the notion that he’s actually serious about defending private property interests is laughable. That's because there seems to be NO urgency shown by our provincial government: ➡️ No legislation came forward. ➡️ No call to Ottawa to work with S.43 of the constitution. ➡️ No expedited call for an urgent appeal. ➡️ No stay appli...

If the Declaration Act was a milestone for reconciliation, how could Premier David Eby’s amendments change BC’s relationship with First Nations? Here’s what you need to know  In 2019, BC unanimously passed the Declaration on the Rights of Indigenous Peoples Act. It was celebrated as a major step toward working with First Nations in a better, more equal way. But a court ruling earlier this month seems to be contributing to a change of heart for Premier David Eby. On Dec. 5, the British Columbia Court of Appeal ruled the government’s obligations under the Declaration Act are legally enforceable. Eby is now arguing judges shouldn’t be setting the province’s reconciliation agenda. And he says he is willing to change the law to make sure they can’t. “The work we do in reconciliation is to empower people, Indigenous and non-Indigenous alike, not to empower the courts,” Eby told attendees at a BC Chamber of Commerce luncheon on Dec. 10.  “Last week’s court of appeal decision invites ...

The Independent Contractors and Businesses Association (ICBA), Canada’s largest construction association, is calling on Premier David Eby to immediately recall the BC Legislature, repeal the Declaration on the Rights of Indigenous Peoples Act (DRIPA), and repeal section 8.1 of the Interpretation Act , after the B.C. Court of Appeal ruled that DRIPA and United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) are now legally enforceable in provincial law. In a split decision released yesterday in Gitxaala v. British Columbia (Chief Gold Commissioner) , the Court held that DRIPA incorporates UNDRIP into BC law with immediate effect and that B.C. statutes and regulations may now be measured against UNDRIP standards by the courts. “British Columbians were told by David Eby and the NDP that DRIPA was about symbolism, reconciliation, and ‘frameworks’ – but the Court of Appeal makes it clear DRIPA is now hard law with sweeping consequences for every statute, regul...

“British Columbians deserve laws that are clear, democratic, and workable, and reconciliation must be built through real engagement and practical outcomes, not legal ambiguity" ~~ Scott McInnis, MLA for Columbia River-Revelstoke, Deputy Critic for Indigenous Relations and Reconciliation A BC Court of Appeal ruling has confirmed that courts can enforce key parts of the Declaration on the Rights of Indigenous Peoples Act. It also found that the province’s online mineral claim registration system was inconsistent with UNDRIP because it allowed automatic staking without first requiring consultation and cooperation with affected Indigenous peoples. The case was brought by the Gitxaala Nation and Ehattesaht First Nation, challenging the online system on the basis that it excluded First Nations and undermined the Crown’s duty to consult. In a two to one decision, the Court of Appeal overturned the lower court’s conclusion and said the judge “erred in adopting an unduly narrow approach,” ...

According to a poll released by Angus Reid Institute on Monday, British Columbians are divided on DRIPA – the legislation BC passed in 2019 to align with UNDRIP, the United Nations Declaration of the Rights of Indigenous Peoples. “British Columbians are pretty attune to that and they’re quite divided,” said Dave Korzinski with Angus Reid Institute, Monday. The legislation recognizes Indigenous rights and title and involves First Nations in decisions about public land and development ... CLICK HERE for the full story

RECONCILIATION IS something we must take seriously, because it’s important, but sometimes it can get a bit silly because governments have a way of messing it up. Case in point is Okanagan Falls, a community of about 2,200 people on the south end of Skaha Lake in the Okanagan Valley ...  ... a lot of its residents want more local control of development, so they narrowly voted in favour of incorporation a few months ago. Since then, the provincial government has thrown a wrench in the works, hinting it might require Okanagan Falls to change its name to an Indigenous one when letters patent are completed ... CLICK HERE for the full story

Bill 15 continues to dominate BC politics this week. The bill would give the BC government sweeping powers to fast-track major infrastructure projects and Indigenous groups say they are concerned the proposed legislation would allow the government to avoid legitimate consultation.  Prime Minister Mark Carney's first cabinet was also sworn in this week, which includes 5 faces from BC. Joining us on the political panel are former BC United candidate Caroline Elliot and political panelist Nikki Hill.   CLICK HERE for the panel discussion

... the Liberal leader’s response was typical of an election focused on surviving the emerging trade war with the United States. As the federal government prepares to weather tariffs imposed by the Trump administration, Indigenous rights and reconciliation have taken a back seat to discussing the expansion of resource development, fueling the domestic economy and diversifying Canada’s trade partners. Indigenous leaders The Tyee spoke with said the parties’ focus on economics doesn’t fully capture the many issues important to Indigenous communities. They called on the next government to fully implement the United Nations Declaration on the Rights of Indigenous Peoples Act, which was passed into law several years ago, one of several issues being left out or glossed over in the current election campaign ... CLICK HERE for the full story

Last month, British Columbia unveiled a new framework that will guarantee First Nations are consulted about mineral claims on their land. It’s a big step forward in bringing BC.’s antiquated mining laws into the 21st century, but as to whether or not it will succeed — the devil will be in the details ... ... as significant as this progress is, it doesn’t come without its challenges. Nearly 7,000 mineral claims per year are registered on average in BC. For First Nations to robustly consult on each claim would be a huge administrative burden. Without an increase in funding, they are likely to be overwhelmed, which could lead to delays and frustrations for all parties involved. One approach could be to allow First Nations to define areas within their territories in which exploration is not acceptable to them. This has the potential to decrease the administrative burden the new framework brings, and reduce uncertainty in the mineral exploitation industry ... CLICK HERE for the fu...

I dedicated the first 12 years of my legal career to indigenous people. I care deeply for them and share their ambitions to climb out of poverty and to realize their full potential. Racism is real. I've seen it. We all have. Like all xenophobic hate, it's fed by isolation and resentment. But it’s overcome with love and understanding. So, we should never pretend that racism is merely an unpopular fact. If you care about someone, you tell them the truth, as you see it, even when it's difficult. That Europeans brought modern civilization to the new world is a fact. That modern medicine virtually eliminated child mortality, which in premodern societies took the lives of about 2 in 5 children, is a fact. That the British ended widespread indigenous slavery along the west coast is a fact. It is also an indisputable and important fact that the history of Canadian settlement is beset by many tragedies, especially (not exclusively) from the ravages of disease and the segregation o...