Grassroots Group Challenges BC’s Reconciliation Law

“We strongly support reconciliation, but people have become divided by the DRIPA, so we look forward to the court ruling and giving some certainty to everyone” said PHARA President Peter Robson. “While court is the last place we want to be, we feel this step is necessary and we are committed to it.”

Pender Harbour, British Columbia–(Newsfile Corp. – September 11, 2024) – A petition has been filed in BC Supreme Court, challenging the Declaration on the Rights of Indigenous Peoples Act (DRIPA). That is the law the BC government uses to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in BC.

The petition was filed by the Pender Harbour and Area Residents Association (PHARA), asking the court to rule that the DRIPA violates a number of constitutional principles and is of no force and effect.

“We strongly support reconciliation, but people have become divided by the DRIPA, so we look forward to the court ruling and giving some certainty to everyone” said PHARA President Peter Robson. “While court is the last place we want to be, we feel this step is necessary and we are committed to it.”

The case stems from PHARA’s longstanding concerns about the role the province has given the shíshálh Nation in decision-making under the BC Land Act related to dock permits. This includes a 2022 Cabinet Order directing ministers to negotiate a formal agreement to give the shíshálh Nation legal powers over Land Act decisions. Those negotiations have been underway for more than two years and PHARA has repeatedly been denied any meaningful engagement.