The Declaration Act is not the problem.

It is part of the solution.

The Declaration Act Provides Certainty & Opportunity

The Declaration Act was co-developed by First Nations and the Province, and is an important economic driver for B.C.

Amending the Declaration Act will only create more uncertainty and more legal challenges.

The Declaration Act is something all British Columbians can be proud of, and we call on the Province to uphold it.

History of the Declaration Act

For over a decade, First Nations in B.C. advocated for a provincial legislative framework for the implementation of the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). As a result, B.C. First Nations mandated the FNLC to co-develop, with the Province, the Declaration on the Rights of Indigenous Peoples Act (Declaration Act).

The Declaration Act aims to establish the UN Declaration as the framework for reconciliation for the Province, as called for by the Truth and Reconciliation Commission’s 2015 Calls to Action.

Passed unanimously in the B.C. Legislature on November 26, 2019, the Declaration Act came into force on November 29, 2019. This made B.C. the first jurisdiction in Canada to formally adopt the internationally recognized standards of the UN Declaration (Canada and the Northwest Territories have since passed their own related legislation).



Note on Terms

Both ‘Declaration Act’ and ‘DRIPA’ refer to the same piece of Provincial legislation, the Declaration on the Rights of Indigenous Peoples Act, which came into force in B.C. on November 29, 2019.

‘UN Declaration’ and ‘UNDRIP’ refer to the United Nations Declaration on the Rights of Indigenous Peoples, a resolution passed by the United Nations General Assembly on September 13, 2007.

‘UN Declaration Act’ and ‘UNDA’ refers to the Canadian federal legislation implementing UNDRIP, which received Royal Assent on June 21, 2021.

The Declaration Act requires the Province to bring provincial laws into alignment with the UN Declaration and to develop and implement an action plan to achieve the objectives of the UN Declaration in consultation and co-operation with Indigenous Peoples in B.C.

It creates a path forward to respecting the human rights of Indigenous Peoples, while introducing better transparency, predictability and accountability in Indigenous–provincial relationships.

However, starting in 2025 and in response to court decisions, the Province announced it plans to amend the Declaration Act to keep responsibility for consistency of provincial law with the UN Declaration under the oversight of the Legislature, rather than the courts.

The FNLC supports the Declaration Act as co-developed and passed in 2019, and calls on the Province to honour the Declaration Act and our mutual, vital work of reconciliation.

Declaration Act Successes

Tahltan Central Government – Eskay Creek Mine

The Eskay Creek Mine Project is the first to go through the regulatory process under a Section 7 agreement negotiated under the Declaration Act.
The mine, owned by Skeena Gold and Silver, will create approximately 1,000 construction jobs and more than 770 operational jobs.
Skeena Gold and Silver is advancing the mine in full collaboration with the Tahltan Central Government.

LEARN MORE

ʼNa̱mǥis First Nation – Forestry Agreement

First-of-its-kind draft Section 7 joint decision-making agreement for the forestry sector under the Declaration Act.
The agreement will support the joint establishment of forest landscape plans (FLPs) and joint approval of associated forest operations plans (FOPs) within Tree Farm Licence (TFL) 37, currently held by Western Forest Products.
The agreement supports predictable harvesting and sustainable forestry operations on North Vancouver Island.

LEARN MORE

Declaration Act Agreements In Progress

Various other Sections 6 and 7 agreements under B.C.’s Declaration Act are currently in progress.
These include an agreement with the Tŝilhqot’in National Government on mining in their territory.
The Province is also working closely with the Tahltan Central Government on agreements related to the Galore Creek Mine Project, and the Red Chris Mine Project.

LEARN MORE

What the Government is Now Proposing

On the evening of January 29, 2026, the Province sent a notification letter to all 204 B.C. First Nations and representative First Nations organizations, announcing the Province’s intent to amend the Declaration Act and Interpretation Act for the spring legislative session.

The letter announced that the Province would begin an expedited consultation process on possible amendments to the Declaration Act, and described the Province’s intent as providing clarity for the continued work between the Province and Indigenous Peoples to reform provincial legislation in pursuit of consistency with the UN Declaration.

What the Government is Now Proposing

On the evening of January 29, 2026, the Province sent a notification letter to all 204 B.C. First Nations and representative First Nations organizations, announcing the Province’s intent to amend the Declaration Act and Interpretation Act for the spring legislative session.

The letter announced that the Province would begin an expedited consultation process on possible amendments to the Declaration Act, and described the Province’s intent as providing clarity for the continued work between the Province and Indigenous Peoples to reform provincial legislation in pursuit of consistency with the UN Declaration.

The FNLC’s Position

At a time of global instability and uncertainty, people are understandably looking for clarity, certainty, and leadership grounded in shared values.

Difficult moments can bring out the best in us—or they can provoke fear-based reactions that risk undoing hard-won progress.
Recent trends in British Columbia are cause for concern.

The FNLC takes direction from First Nations Leadership in B.C. and has a mandate to support implementation of the Declaration Act.

B.C.’s 18 Major Projects’ future and revenue depend on working with First Nations, which is facilitated by the Declaration Act.
Without the Declaration Act, our economic stability as a province is threatened.
The Declaration Act provides a road map for industry, the Province, and municipal governments to work together with First Nations.

Attempting to amend the Declaration Act will land the Province in court again.

The courts have upheld the need for deep consultation with First Nations, and the ambitious timeline that B.C. proposes for major projects in B.C. will be impossible without deep consultation.
Taking away court accountability puts us back in time and increases the likelihood of litigation that First Nations are likely to win, based on court precedents.
We can’t have the key Indigenous-specific piece of human rights legislation subject to cabinet will, when other human rights legislation is justiciable.

In the wake of the intersecting and complex realities of colonialism, government and society must work with First Nations to address how to move forward honourably, acknowledging that First Nations never ceded their title and rights.

The Truth and Reconciliation Commission identified the UN Declaration as the framework for reconciliation, and implementation of the Declaration Act puts reconciliation into action.
The Declaration Act provides a way forward to work together honourably.

We don’t change laws because they are inconvenient.

We can’t just throw out legislation when it doesn’t suit political ambitions of the day; just because a law might be inconvenient, doesn’t mean it is wrong.
The recent court decisions are helping to hold the government’s feet to the fire, but are not a signal that British Columbians should give up on reconciliation.
We have the tools and a path, let’s focus on getting the work done.



Add Your Voice

How can you help?
Please add your voice to the call to support Indigenous human rights.

COMING SOON

“A government that plans to limit the courts’ role because it disagrees with judicial decisions should alarm us all.”

“The provincial government’s intention to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) may erode judicial independence and limit access to independent courts.”

“This is not a matter of political choice: government must determine, recognize and respect aboriginal rights.”

“The United Steelworkers union is deeply concerned about calls to amend or repeal the Declaration on the Rights of Indigenous Peoples Act. While discussion, shared decision-making and negotiated agreements may take work, this work reduces the risk of costly conflict that can stall development and derail progress.”

How We Got Here

Sept 2023

\

Sept 2023

September 26, 2023 – The B.C. Supreme Court ruled in the Gitxaala Nation and Ehattesaht First Nation case

While the original decision ruled against B.C.’s online mineral claim-staking system (saying it excluded First Nations and violated the Crown’s duty to consult), the judge declined to grant the Nations’ requested declarations that the Province’s online mineral claim-staking system was inconsistent with the UN Declaration.
The Nations announced that they would appeal.

Aug 2025

\

Aug 2025

August 7, 2025 – The B.C. Supreme Court’s Justice Young ruled in the Cowichan Decision

The court found that the Cowichan have Aboriginal title to the Cowichan Title Lands under the 1982 Constitution Act; that the Crown grants of fee simple interest in the Cowichan Title Lands, and the Crown vesting of the soil and freehold interest in certain highway lands in the Cowichan Title Lands, unjustifiably infringe the Cowichan’s Aboriginal title; and that the Cowichan have an Aboriginal right to fish the south arm of the Fraser River for food under the 1982 Constitution Act.
The Province announced that they would appeal.

Dec 2025

\

Dec 2025

Gitxaala Nation representatives during Court of Appeal hearings in January 2025 (Photo: Alexis Stoymenoff, West Coast Environmental Law)

December 5, 2025 – The B.C. Supreme Court rules in the Gitxaala Nation and Ehattesaht First Nation Appeal Decision

The judge partially agreed with the Nations, and declared that the Chief Gold Commissioner’s conduct in establishing an online system allowing for automatic registration of mineral claims without requiring prior consultation and cooperation of affected Indigenous peoples is inconsistent with article 32(2) of the UN Declaration. The judge ruled that the Declaration Act creates justiciable issues for courts and opens pathways for legal challenges where laws conflict with the UN Declaration on the Rights of Indigenous Peoples.
The court rules that the province must take steps to resolve the inconsistencies between its mineral claims regime and UNDRIP rights and standards.
The Province announced that they would appeal.

Dec 2025

\

Dec 2025

December 5, 2025 – Premier Eby says UNDRIP law could be amended after First Nations win appeal in mining case

David Eby said: “Too much rides on it in terms of our province’s prosperity and certainty going forward. So, I think it just as likely or perhaps more likely that we would proceed with amendments to provide clarity around what was clearly intended when we introduced this legislation, and the court appears to have some confusion about that.”
It is the B.C. Government’s view that the Court of Appeal interpreted the Declaration Act and Interpretation Act in a manner not intended by the Legislature, and that the Declaration Act and potentially the Interpretation Act must be amended to return the law to where it was prior to the decision.

Understand the Declaration Act

The Declaration Act was passed unanimously by the B.C. Legislature in 2019 - so what’s changed?

Between 2019 and 2023, there were no court rulings that cited the Declaration Act in its decisions.
This meant that the new legislation had not yet been interpreted by the courts.
The original intent of the Declaration Act was always to provide clarity and stability in the relationship between First Nations in B.C. and the Crown, and this is reflected in the legislation that was passed in 2019, which was developed by expert lawyers.
Recent opposition to the Declaration Act is grounded in opposition to court rulings that have advanced the constitutional and human rights of First Nations, not a defect in the Declaration Act itself.

How does the Cowichan case relate to the Declaration Act?

The Declaration Act had nothing to do with the declarations made in the Cowichan Tribes decision.
Aboriginal title is not a new concept, nor one that was created by provincial legislation such as the Declaration Act.
The existence of Aboriginal title was first recognized by the Supreme Court of Canada in Calder v. British Columbia in 1973, before the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) was even being considered, and decades before the Province enacted the Declaration Act.
In the Cowichan case, the Declaration Act was cited in the judge’s decision, alongside many other court cases and legal promises dating back to 1853 which, the judge wrote, “demonstrate clear government commitments to Indigenous people.”

How does this dispute affect British Columbians?

Contrary to much of the recent fear-mongering, the Declaration Act does not negatively affect British Columbians.
The Declaration Act also does not mean that First Nations can somehow ‘take back’ fee simple land.
Rather, this dispute is serving to further perpetuate an “us and them” mentality, which the FNLC fundamentally rejects.
We are all here to stay and that means we need to work together.

How does this dispute affect First Nations people?

This dispute is leading to increased racism and discrimination towards Indigenous peoples.
It also further perpetuates the long-standing myth that First Nations are against economic development, which is untrue, and that First Nations are given ‘vetoes’ on development, which they are not.
The UN Declaration sets out the minimum human rights standards for the survival, dignity, and well-being of the Indigenous peoples of the world. Attempts to amend and water down the Declaration Act are attacks on the basic human rights of First Nations.

Why do we need the Declaration Act?

Although most of the attention on the Declaration Act focuses on lands and resources, in fact the Declaration Act is a lot more than that.
Most importantly, the Act enshrines in law the principle that Indigenous peoples are “equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such.” (UNDRIP Annex)
The Act itself states: “The government must consider the diversity of the Indigenous peoples in British Columbia, particularly the distinct languages, cultures, customs, practices, rights, legal traditions, institutions, governance structures, relationships to territories and knowledge systems of the Indigenous peoples in British Columbia.”
In other words, the Declaration Act is fundamental to the legal recognition of basic human rights for Indigenous peoples in B.C.

Is the Declaration Act a threat to the ownership of private lands?

No, the Declaration Act is not a threat to private property.
It is undisputed that B.C. was largely settled without the Crown making any attempt to enter treaties, agreements, or other constructive arrangements with First Nations with respect to their lands, territories, and resources pursuant to the requirements of British colonial law.
The tension that persists between the co-existence of Aboriginal title and other land ownership in B.C. is a direct result of this inaction and the Province’s refusal to adequately address the consequences of that inaction over the last century and a half.
With or without the Declaration Act, unresolved questions will remain regarding the relationship between Aboriginal title and Crown granted tenures.

Show Your Support

First Nations & First Nation Organizations:

More than 100 First Nations Leaders Object to Amendments to the Declaration Act; Call for Province to Work Together with First Nations to Advance Reconciliation

A steadily growing list of more than 100 First Nations and First Nations organizations say amendments to the Declaration Act will undermine certainty and increase conflict and litigation if First Nations are forced to defend their rights.

Sign the Union of B.C. Indian Chiefs (UBCIC)’s joint statement.

SIGN NOW

Civil Society Organizations:

More information coming soon.

The Declaration Act is not the problem. It is part of the solution.

The Declaration Act Provides Certainty & Opportunity

The Declaration Act was co-developed by First Nations and the Province, and is an important economic driver for B.C.

Amending the Declaration Act will only create more uncertainty and more legal challenges.

The Declaration Act is something all British Columbians can be proud of, and we call on the Province to uphold it.

History of the Declaration Act

Note on Terms

Declaration Act Successes

Tahltan Central Government – Eskay Creek Mine

ʼNa̱mǥis First Nation – Forestry Agreement

Declaration Act Agreements In Progress

What the Government is Now Proposing

What the Government is Now Proposing

The FNLC’s Position

Add Your Voice

How We Got Here

September 26, 2023 – The B.C. Supreme Court ruled in the Gitxaala Nation and Ehattesaht First Nation case

August 7, 2025 – The B.C. Supreme Court’s Justice Young ruled in the Cowichan Decision

December 5, 2025 – The B.C. Supreme Court rules in the Gitxaala Nation and Ehattesaht First Nation Appeal Decision

December 5, 2025 – Premier Eby says UNDRIP law could be amended after First Nations win appeal in mining case

Understand the Declaration Act

Show Your Support

First Nations & First Nation Organizations:

Civil Society Organizations:

Declaration Act Resources

The Declaration Act is not the problem.

It is part of the solution.