A mining sector advocacy group wants British Columbia to weaken the reach of a law enshrining a UN Indigenous rights framework, but provincial Premier David Eby plans to hold off making permanent changes for now — though First Nations oppose both proposals.
In December 2025, a British Columbia appeals court ruled that the province's Declaration on the Rights of Indigenous Peoples Act (DRIPA), in effect since 2019, made the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) part of provincial law with "immediate legal effect." First Nations cheered the ruling, which affirms their legal rights to resources, and oppose any changes to the law.
British Columbia's Association for Mineral Exploration (AME) has contended that the ruling paves the way for slower, more convoluted regulatory schemes. Eby, who is also the leader of the provincial New Democratic Party (NDP), had planned to make amendments to DRIPA to lessen its reach. But the premier changed course on April 2, outlining plans to introduce legislation to pause sections of DRIPA for up to three years.
"We have had ongoing conversations with the premier's office about the path forward and have not seen draft legislation," Todd Stone, AME president and CEO, said in an email. "We will review it carefully upon release and continue to advocate for the amendments necessary."
British Columbia is a hub for Canadian mining and exploration, accounting for 17.3% of miners' exploration budgets in 2025 with a total of $401.4 million, according to S&P Global Market Intelligence data. The western province had the third-highest share among the country's provinces and territories.
Changes needed
The province needs to suspend parts of the law to stem growing legal pushback over compliance with DRIPA — and by extension UNDRIP — and to see if Canada's Supreme Court decides to weigh in, Eby said, according to media reports.
The provincial appeals court decision in the Gitxaala Nation v. British Columbia (Chief Gold Commissioner) case in 2025 hinged on whether DRIPA applied in an earlier case over the province's mineral staking process. The British Columbian government appealed the ruling to Canada's highest court, which has not yet decided whether to hear the case.
Eby's government has cast the appeals court's December 2025 finding as overreach. DRIPA was meant to guide alignment of the province's laws with UNDRIP as British Columbia works with First Nations to resolve outstanding issues and mend relationships — often referred to as reconciliation — but not give UNDRIP broad legal force in British Columbia, Eby has said.
"It's a very real and manifesting challenge that we face otherwise we wouldn't be taking these steps," Eby said during a press conference, CBC reported April 9.
Among other amendments, the AME would like the legislature to delete a section of DRIPA that states, "Every act and regulation must be construed as being consistent with the [DRIPA] declaration."
The provision requiring legislation to be consistent with UNDRIP may leave the province's mining laws and other regulations open to court challenges.
Indigenous opposition
First Nations have said Eby's push to change DRIPA breaks trust between Indigenous groups and the province.
"The honor of the crown is at stake," Robert Phillips, a member of the First Nations Summit Political Executive, which helps represent First Nations in treaty negotiations with the province, told Platts, part of S&P Global Energy. "We were in good faith negotiations."
Premier Eby made decisions on DRIPA in a unilateral way, Phillips said.
"He went — within 24 hours — from, let's make amendments to let's now suspend DRIPA," Phillips said. "So the suspension, I do believe, isn't a compromise. And it's certainly not accommodation after the NDP heard resounding First Nations opposition to the amendments and to the suspension."
The legislation aiming to pause parts of DRIPA could be introduced next week, according to media reports.
Eby's government has a slim one-seat majority and the premier has said the vote will be a confidence vote, meaning that a general election could be called.
The Ministry of Mining and Critical Minerals in British Columbia flagged supportive provincial First Nations partnerships, programs and policies in answer to Platts' questions, but deferred to the Attorney General on questions about legislative amendments. The Attorney General could not immediately be reached for comment.
