Real reconciliation must embed all aspects of society including our work at the BCCLA. This is why we’ve teamed up with the First Nations Leadership Council (FNLC) to ensure the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has meaningful application in BC. 

Following the passing of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) as the official framework for reconciliation in BC, the Interpretation Act was amended to create a pathway for courts to determine if the laws and regulations of BC are consistent with the UNDRIP.  

Gitxaala v British Columbia (Chief Gold Commissioner) 

We’re in court today with the FNLC to jointly intervene in Gitxaala v British Columbia (Chief Gold Commissioner) to ensure that courts properly recognize their role and responsibility in actualizing DRIPA in BC. This case has the power to push the BC government to fulfill its promise to align the laws of BC with UNDRIP. If laws aren’t tested for consistency, there will be no legal pathway to hold the government accountable to DRIPA’s goals. 

Reconciliation requires action 

To breathe life into the Interpretation Act’s clear mandate, courts must engage in a robust and holistic analysis to determine if our laws and regulations are consistent with UNDRIP. An interpretative exercise that engages DRIPA should not be broad or generalized – it must be clear and focused on the specific interests of the Indigenous rights-holders. The law must either align with UNDRIP or be clear on where laws don’t align so they can be changed in collaboration with First Nations.  

Implementing UNDRIP won’t happen without our collective vigilance and will! We are honoured to stand alongside the FNLC in supporting the Gitxaala Nation and Ehattesaht First Nation.  

BCCLA and FNLC are represented by Joelle Walker of Miller Titerle and Rosanne Kyle of Mandell Pinder.