Constitutional Challenge Filed Against BC's Declaration on the Rights of Indigenous Peoples Act (DRIPA)

The constitutional challenge argues, among other things, that the DRIPA:

• is beyond the province's constitutional authority,
• breaches the democratic rights of citizens by leaving them governed by an entity they had no say in electing, and
• illegally tries to tie the hands of future governments by dictating what types of laws they must pass (so as to be "consistent" with the UN Declaration on the Rights of Indigenous Peoples).

In 2024, PHARA filed a petition seeking to challenge the DRIPA and a related Order in Council that proposed to give the shíshálh Nation statutory decision-making powers under what is known as a DRIPA "section 7 agreement". Government has since rescinded that specific Order in Council and signed an agreement with the shíshálh Nation to pursue other section 7 decision-making in the Sunshine Coast. As such, this change of litigation procedure was required.

Since its passage in 2019, the DRIPA has been guiding the BC government's entire Indigenous reconciliation agenda and has been widely employed by the government in statutory amendments, permitting processes, and land use planning. It has also been relied upon by the BC courts in recent litigation including the August 2025 decision in Cowichan Tribes v. Canada, where the court held the Land Title Act does not protect private property owners from aboriginal title claims.

"It is clear that the DRIPA has become a major concern for many British Columbians," said PHARA Director Sean McAllister. "We believe people are starting to wake up to the reality of what DRIPA means for people's lives and livelihoods, and it is time for a court to consider — for the first time — whether it is even within the province's legal authority to have passed such a law."

PHARA's Notice of Civil Claim can be found at the following link or on the PHARA home page at www.phara.ca. Anyone interested in supporting this litigation can make a donation at PHARA's GoFundMe page at Fundraiser by Pender Harbour and Area Residents Association : Help Us Protect Property Rights and Constitutional Democracy.

ABOUT PHARA

PHARA is a volunteer organization which exists to support the vitality of the communities of Pender Harbour and Egmont areas as excellent places to live, work and play for residents and visitors. The Association provides a structure that allows residents to identify issues of broad community concern and have them effectively addressed.

To view the source version of this press release, please visit https://www.newsfilecorp.com/release/283356