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- calendar_today November 9, 2026
Debate Over Repealing DRIPA in British Columbia
The future of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in British Columbia is in question as the province's premier-designate, Lorne Doerkson, has pledged to repeal the legislation. DRIPA, passed unanimously in 2019, enshrined the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into provincial law, intending to establish a framework for reconciliation between the government and Indigenous peoples.
B.C. Conservatives' Stance and Legal Community Response
Lorne Doerkson, who leads the B.C. Conservatives following their majority victory on October 24, asserts that DRIPA "hasn't solved anything," claiming it has generated more problems than solutions, such as ongoing court disputes over docks and mining. Despite stating a commitment to work with First Nations, Doerkson intends to introduce legislation repealing DRIPA in the spring legislature.
Louise Mandell, a prominent Indigenous rights lawyer with five decades of experience in British Columbia, expressed concern at the prospect of repealing the act. Mandell argues that abolishing DRIPA would be a regression for the province and undermine efforts to resolve legal disputes through negotiation rather than litigation.
DRIPA's Framework and Benefits
Mandell asserts that before DRIPA, the process for enforcing legal standards regarding Indigenous land was often piecemeal, with litigation being the primary method of challenging government-issued permits and tenures. DRIPA's framework provided a systemic approach, ensuring decisions would be made within a reconciliation context, giving clarity and consistency to tenure holders, Indigenous communities, and all British Columbians.
She described DRIPA as a "beautiful document" that marked a departure from vulnerable tenures and ad hoc legal battles, although noting that change would not be immediate. Mandell warned that repealing DRIPA risks returning to a previous era of individual legal challenges that often failed to meet standards upheld by the courts.
Lack of Public Understanding Around Indigenous Rights
Mandell identified a broad lack of public education regarding Indigenous rights, aboriginal title, and the constitutional imperative of reconciliation. She emphasized that Indigenous rights and titles in Canada are pre-existing and do not require Crown recognition. Mandell referenced the Truth and Reconciliation Commission as an example of how education is just as important as legal reforms. She maintained that achieving true reconciliation requires both legal and societal changes to perspectives and understanding.
The Role of Section 7 Agreements Under DRIPA
One of DRIPA's key features is its provision for Section 6 and 7 agreements, allowing the province to enter into formal arrangements with Indigenous nations addressing how free, prior, and informed consent is to be established. In 2025, British Columbia signed three notable Section 7 orders with the Tŝilhqot'in, ‘Namgis, and Simpcw nations, as well as with the Tahltan nation. According to Mandell, these agreements have allowed for the resolution of long-standing conflicts over land use and resource projects, leading to constructive discussions in place of court battles.
Mandell noted that many issues now addressed through DRIPA and its agreements, such as disputes over mining and forestry operations, would previously have resulted in litigation. She credited the act with facilitating meaningful negotiations and called the progress achieved "honourable." Without DRIPA, Mandell said, such advances in conflict resolution would have been unlikely.
Next Steps for DRIPA and Indigenous Rights in B.C.
As the spring legislative session approaches, the debate over the future of DRIPA in British Columbia is set to intensify. The act faces scrutiny from the new provincial government, even as legal experts like Louise Mandell argue that its presence is essential for continued progress toward reconciliation and effective resolution of Indigenous land and resource disputes.
Source: cbc.ca.
