Where Is BC Going With The Declaration On The Rights Of Indigenous Peoples Act (DRIPA)?

The BC Declaration on the Rights of Indigenous Peoples Act (“DRIPA”), and the related United Nations Declaration on the Rights of Indigenous People (“UNDRIP”), has attracted considerable public attention recently, especially following the BC Supreme Court rulings in Cowichan Tribes v. Canada (“Cowichan Tribes“)¹ and Gitxaala v British Columbia (“Gitxaala“).²

In Cowichan Tribes, Justice Young relied on DRIPA in supporting her conclusion that the provisions of the Land Title Act that provide “indefeasible” title to private landowners do not apply to protect against Aboriginal title claims over private land.³

In Gitxaala, the court relied on DRIPA as an “interpretive aid” in addressing the “proper reading” of the BC Mineral Tenure Act and declared that the Province’s online mineral claim system used to grant mineral claims under that Act is inconsistent with UNDRIP.⁴