Opinion: Premier Eby should repeal legislation fuelling uncertainty over property rights in B.C.

DRIPA is a key factor fuelling uncertainty over property rights in B.C. To strengthen the economy, Premier Eby should help restore stability and repeal this legislation. Photo by motimeiri /Getty Images

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According to an announcement on Monday by Premier David Eby, in an apparent flip-flop, his government will not “suspend or amend DRIPA” in the spring legislative session — the legislation that has created great uncertainty about private property rights in B.C.

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The government originally promised to suspend parts of DRIPA (the Declaration on the Rights of Indigenous Peoples Act) after a B.C. court in 2025 ruled that the province’s reformed mineral claims regime violated the legislation.

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In short, DRIPA requires the provincial government to “bring provincial laws into alignment” with the UN Declaration on Rights and Indigenous Peoples (UNDRIP), which outlines the rights of Indigenous Peoples to use, own, develop and control their traditional lands, territories and resources. And according to DRIPA, the government must secure “free, prior and informed consent” from Indigenous Peoples before approving projects on claimed land.

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The B.C. government adopted DRIPA in 2019 when Eby (as attorney general) drafted the interpretation memo, tying him directly to the legislation.

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The mineral rights court case involved two First Nations (the Gitxaala, and the Ehattesaht) that claimed the duty to consult wasn’t adequately met when the government granted mineral claims on their land and that such claims “harms their cultural, spiritual, economic and governance rights over their traditional territories,” which is inconsistent with DRIPA.

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The ruling, which found the provincial government isn’t abiding by its own legislation (DRIPA), is one of the many (and growing) developments in the province that has fuelled uncertainty regarding private property rights.

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And just before this case, the B.C. Supreme Court granted Aboriginal title to more than 324 hectares of land (valued at $2.5 billion) in Richmond to the Cowichan First Nation, stating that where such Aboriginal title is determined to exist, it is “prior and senior” to other property interests. As a result, more than 150 property owners in Richmond face uncertainty over their property rights.

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There are also the bilateral agreements the Eby government has signed with First Nations, perhaps most notably with the Haida Nation on Haida Gwaii, where about half of the residents are non-Haida.

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In 2024, the Eby government granted the Haida Aboriginal title over the land, and while the deal says private property must be honoured, private property rights are incompatible with Aboriginal title, creating (again) uncertainty over land rights.

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DRIPA is a key factor fuelling uncertainty over property rights in B.C. To strengthen the economy, David Eby should help restore stability and repeal this legislation.

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Tegan Hill is an economist with the Fraser Institute.

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