“Our caucus views this as an utmost priority. We are prepared to work cooperatively to pass a focused Repeal Act swiftly.”
– Trevor Halford, Interim Leader of the Conservative Official Opposition
SURREY, B.C.: “Yesterday’s Court of Appeal ruling has triggered urgent legal and constitutional consequences for British Columbia. That is why I have written a letter to Premier Eby requesting an immediate recall of the Legislative Assembly for the sole purpose of repealing the Declaration on the Rights of Indigenous Peoples Act (DRIPA) and the related amendment to the Interpretation Act. The letter was also sent to Lieutenant Governor of British Columbia Wendy Cocchia, Speaker of the Legislative Assembly Raj Chohan, Government House Leader Mike Farnworth, and Clerk of the Legislative Assembly Kate Ryan-Lloyd, Green House Leader Rob Botterell, OneBC House Leader Tara Armstrong, and Independent MLAs Elenore Sturko, Jordan Kealy and Amelia Boultbee.
The Court has ruled that provincial law should be “properly interpreted” to incorporate the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into the laws of British Columbia with immediate legal force.
This opens the door for judges to adjudicate and preside over the interpretation of provincial laws inconsistent with UNDRIP. As Supreme Court Justice W. Paul Riley wrote in his dissenting opinion, “Oversight and accountability for this law reform exercise is assigned to the legislative branch of government.
Conservatives agree. The interpretation and application of law is a democratic process meant to be debated and decided by elected members of the Legislative Assembly, not by the courts.
This decision imposes a rushed process that has had little success in bringing efficiency and certainty to British Columbia, including First Nations, industry, local governments, and the public service. These are drastic changes that this NDP government is not capable of effectively managing.
Only a full repeal restores legislative supremacy and clarity for everyone involved. As the Cowichan decision demonstrates, overlapping claims and rights are just the beginning of the frustration between competing Indigenous nations, citizens’ property rights, and the Interpretation Act.
This is especially true when everyone’s fate is put in the hands of a court
decision. Provincial law should follow a principled approach to reconciliation, one that does not disrupt the delicate balance of prosperity and true democratic process.
Our caucus views this as an utmost priority. We are prepared to work cooperatively to pass a focused Repeal Act swiftly. With hybrid access now possible for MLAs, there is no logistical reason for the House not to convene on this crucial issue. The Premier should recall the House immediately and provide sitting dates without delay.”
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Media Contact:
Francesca Guetchev, Communications Officer
Francesca.Guetchev@leg.bc.ca
+1 (672) 922-0948
