For weeks, Premier David Eby planned to steamroll First Nations with a sweeping suspension on their human rights. Now, his government is moving forward in a cooperative manner with Indigenous nations this spring and summer. It is a testament to the strong leadership of NDP MLA Joan Phillip and First Nations across B.C., together with unions and legal groups who have been saying 'hands off DRIPA' since Day One.
Seven years ago, Eby was the attorney-general who oversaw DRIPA's historic, unanimous passing in the legislature — central to former Premier John Horgan's legacy. How did we get here?
The Path of Least Resistance
Eby has consistently chosen the path of least resistance. Instead of defending popular legislation, the B.C. NDP did what it does best: crumble under pressure and lurch rightward. It started with the Cowichan decision, a court ruling Conservatives painted as legal chaos.
Canada has been built on the assumption that when Indigenous rights are perceived as getting in the way, they must give way. Now legislation that offered a different path — grounded in steady-handed negotiations — is at risk from the very government that ushered it in, fuelled by cost-of-living anxiety.
Legal Precedents and Inevitable Rulings
The 1997 Delgamuukw ruling confirmed that Aboriginal title has never been extinguished. Since then, the government's refusal to negotiate with Indigenous nations has produced a decade of police actions, blockades, and billions in cost overruns. Critics point to the Cowichan decision as a source of chaos — yet it was an inevitable ruling, 160-years in the making. The same applies to the Mineral Tenure Act. Moving toward a system of consent isn't just morally right, it avoids the slow-moving legal chaos that inevitably follows 'fast-tracked' projects.
Still, the narrative gets repeated — that First Nations' consent means uncertainty, that negotiation means delay, that shared decision-making means chaos. It was government inaction that caused instability, not DRIPA. DRIPA doesn't pretend hard decisions don't exist — it recognizes them and brings everyone to the table with a shared framework, before conflict becomes inevitable.
A Model of Collaboration
The Haida Title Lands Agreement is a powerful example of what becomes possible when governments sit down as equals. First Nations' rights are advanced and fee-simple property rights are protected. This is what DRIPA does: stable, mutually beneficial economic development achieved when all people's rights are respected. DRIPA is not a story of fear. It is a story of collaboration and hope. We need steady politicians willing to do the work — have the conversations, sit at the table, and build a collaborative tradition in B.C. politics.
Over the next five months, the government has an opportunity to move beyond a futile amendment negotiation and instead build a shared vision with First Nations on a stable, clear path forward with the implementation of DRIPA. Grand Chief Phillip, a great grandfather, grandfather and father, is gravely aware that the health, wellbeing and prosperity of future generations depend on a stable, clear path forward.
Emily Lowan is leader of the Green Party of B.C. Grand Chief Stewart Phillip is president of the Union of B.C. Indian Chiefs. He is married to NDP MLA Joan Phillip.
