Repeal DRIPA
In 2019, the Government of British Columbia passed the Declaration on the Rights of Indigenous Peoples Act (DRIPA) to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) at the provincial level.
The government told British Columbians that this law would advance reconciliation without affecting existing rights or creating legal uncertainty.
But the Government was warned at the time that this isn’t how laws work, and that there obviously would be effects.
Those warnings have now been proven correct.
Recent court rulings in British Columbia have made it clear that DRIPA has contributed to serious uncertainty around land ownership, governance, and property rights.
In some cases, courts have found that Aboriginal title can exist alongside fee simple ownership, calling into question the reliability of land titles that families and businesses have relied on for generations.
This matters.
Secure property rights are the foundation of home ownership, access to mortgages, municipal planning, business development, resource extraction, agriculture, job creation, and general economic stability.
If British Columbians can no longer be confident that their property rights are secure, the consequences could be devastating to our province.
DRIPA gives the provincial government a sweeping and open-ended obligation to align all laws with UNDRIP, without clear limits or definitions set by the Legislature.
Laws that fundamentally affect property rights should be debated openly, defined clearly, and decided by elected representatives - not left vague and resolved case by case in the courts.
Instead, those boundaries are being shaped through litigation and court rulings, leaving the public, municipalities, and property owners to deal with the fallout.
Things are so bad that even Premier Eby is now admitting that there are problems with the law, and is promising amendments to it.
But tweaks won’t fix this fundamentally broken legislation - if anything, they’ll just create even more confusion.
British Columbians deserve certainty.
They deserve laws that are clear, predictable, and applied equally to all.
DRIPA has failed to provide that certainty and has instead created confusion, risk, and division.
If you believe that property rights should be secure, that laws should be made by legislators, and that British Columbians deserve clarity about who governs land and under what rules, please sign the petition calling on the Government of British Columbia to repeal DRIPA:
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The interview with Tom Isaac was informative and well presented; however, in my view, he is hesitant to challenge the courts directly. He understands that the courts bear significant responsibility for the current situation. Decisions of this magnitude should be reviewed by a tribunal of judges, with the primary obligation being the protection of Canada and all Canadians. No group or individual has the right to “own” land in this country other than through Fee Simple ownership.
All non–Fee Simple land must remain under Crown ownership. Any other land must be held as Fee Simple, subject to clear and enforceable land-use provisions. This framework is essential to preserving Canada’s democratic foundations.
Tom Isaac and others with expertise in this field must take a firm stand in defense of the country Canadians fought for. No legal argument—regardless of how it is framed—should be permitted to undermine the original constitutional and democratic foundations upon which Canada was built.
All Canadians which including Canada’s Indigenous population must recognize and preserve the democratic wellness of this country.
Forget winning the Cowichan appeal!!!