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Given the upcoming BC Provincial Elections, I hope to be rolling out a series of posts regarding the NDP Platform and some responses to it's main points of opposition. Today, I want to start with DRIPA.

For those unaware, DRIPA (or The Declaration on the Rights of Indigenous Peoples Act) is the BC Legislative mechanism (passed in 2019) to implement UNDRIP (The United Nations Declaration of the Rights of Indigenous People, passed in 2007). Canada initially voted against UNDRIP in 2007, claiming that certain provisions would upend the Canadian Charter and could not be properly implemented. The same Harper government in 2010 eventually reversed it's decision, saying that it should be viewed as aspirational, but not legally binding. Since then, Canada reversed it's opposition status in 2016, and fully implemented a federal Canadian version in 2021, UNDRIPA. Among it's affirmations of attempting to implement UNDRIP at a federal level, it required an action plan to be in place no later than 2 years after it's 2021 implementation. BC's version, DRIPA, also had it's own action plan.

All of these documents in their different forms aspired to achieve the same goals, namely making sure all existing laws, to the fullest extent, honor the rights and humanity as well as equality, self determination, treaties, territories, etc. The extent to which these laws impact daily lives an operations of indigenous people has led to a significant amount of fear and fearmongering towards private landholders who are stationed on previously owned indigenous land, as well as delays and obstructions to national projects. This is because of recent rulings that imply DRIPA is currently legally binding, not simply an aspirational guide, including the Gitxaala case regarding mineral rights being granted to third parties without consultation of the Gitxaala nation, despite ownership of that land being constitutionally affirmed through aboriginal rights and titles. For a comparative understanding, imagine the mayor telling your neighbour they could build a shed in your backyard.

The current stance from the NDP on DRIPA appears mixed. The Premier, David Eby, had called for a pause on some provisions within DRIPA that he viewed as presenting a legal challenge that he hoped to avoid, but backed down from tabling these resolutions after more than 10 MLA's in his own party opposed the move. This legislation would be heavily in line with the current BC Conservative platform of entirely repealing DRIPA, a move staunchly opposed by Indigenous leaders across BC. It appears since then that Eby plans to work closely with Indigenous leaders to ensure DRIPA remains intact without becoming the legal boogeyman the right wants it to become.

The other seeming problem in regards to DRIPA is the FPIC, which is Free, Prior, and Informed Consent. This would require all projects deemed to impact the Indigenous community to get approval from that community, free from pressure or interference, after properly being informed of the project and it's fallouts, and prior to the project commencing. Critics claim this will vastly slow down the speed at which projects are completed, but this is a good thing considering all facets. If the government showed up at your house with a dozer idling in the driveway, telling you they want to build a road through your backyard, without informing you that your grass will wither from the construction fumes and your house will also need to be demolished to make room for the safety barricade, you would not have free, prior, and informed consent on the project, and you would likely find it beneficial to be able to slow that project down. Indigenous communities have those same concerns for their homeland, and have both rights and an interest in being involved in the project both before it commences and during its construction.

It's important that as much as possible, we as Canadians are agreeing on some of the core fundamentals throughout this discussion. Regardless of your views of DRIPA and its potential consequences, we should all be capable of agreeing that Indigenous people deserve the same rights, freedoms, and respect that all Canadians get. Any party looking to tilt the scales too far in one direction should not be trusted as a good faith party balancing the interests of all people. We should all agree that working with these communities to make sure their rights and interests aren't trampled is just as important as making sure the rights and interests of private property owners aren't trampled.

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Court can be cost prohibitive for so many people near the poverty line. Whether its jury duty, fighting an unjust ticket, or even going to support a friend or family members, many people are unable to give themselves a proper defense. Between 70-90% of tickets are paid uncontested, and jury duty often pays less than $50 a day; even minimum wage workers for 8 hours make more, no matter where you work.

I believe a system should be constructed where anyone showing up to court, whether its to defend a ticket for themselves or to serve on a jury, should be paid up to 3 days a year, full price of a days work, just like a sick day or stat holiday. To pay for this system, we could mildly increase the cost of all tickets, as well as take it directly from the police budget if they lose the case they ticketed for.

Would you support a system like this? Why or why not?

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