Victoria, BC
Victoria, BC
Parliament Buildings, Victoria
Government House, Victoria
Victoria, BC
In the summer of 2022, deep in the mountains of northwestern British Columbia, a remarkable gathering took place. Leaders of the Tahltan Nation stood shoulder to shoulder with provincial officials at the site of a proposed mine, not in opposition but in partnership. On that day, the Tahltan Central Government and B.C. entered into the province’s first consent-based decision-making agreement for a major project. This agreement legally honoured the Tahltan’s role in land-management decisions on their territory, ensuring the Nation’s voice—and consent—would guide the environmental assessment of the Eskay Creek mine redevelopment. It was a historic moment born from a new framework aligning B.C.’s laws with Indigenous rights. How did we get here? The story of this moment begins with a global declaration and a provincial law that is reshaping relationships, policies, and lives across British Columbia.
The journey starts with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Adopted by the UN in 2007, UNDRIP is a landmark document that outlines the rights of Indigenous peoples worldwide—from rights to language and culture to control over lands and resources, and the principle of free, prior, and informed consent for activities affecting them. For years, UNDRIP was an aspirational standard. In 2019, British Columbia made it a concrete commitment by unanimously passing the Declaration on the Rights of Indigenous Peoples Act (known as DRIPA or the Declaration Act). This made B.C. the first jurisdiction in Canada to put UNDRIP into law.
DRIPA essentially turns UNDRIP from words on paper into a framework for action. The Act explicitly establishes UNDRIP as “the Province’s framework for reconciliation” in B.C., answering a call from Canada’s Truth and Reconciliation Commission. In simpler terms, it means the provincial government committed to uphold the human rights of Indigenous Peoples in all its work. The law aims to create a new path forward that respects Indigenous rights while bringing more transparency and predictability to how decisions are made.
What does the Declaration Act actually do? The law has several key pillars that structure how B.C. will align its policies with UNDRIP:
To drive this work, B.C. established a Declaration Act Secretariat, a special team in government led by a Deputy Minister, to guide ministries on how to change laws and policies in collaboration with Indigenous peoples. By design, this framework is meant to weave Indigenous rights into the fabric of governance in B.C., rather than treat them as an afterthought.
One of the most profound shifts under the UNDRIP/DRIPA framework is the systematic alignment of existing laws with Indigenous rights. Section 3 of DRIPA sounds simple—“align laws with UNDRIP in consultation and co-operation with Indigenous Peoples”—but fulfilling it means rethinking how laws are made. In the past, provincial legislation was typically drafted behind closed doors. Now, every ministry is expected to work together with Indigenous partners when developing or amending laws, policies and practices. This collaborative approach was formalized in an Interim Approach released in 2022, a guidance document that lays out clear steps for co-developing laws and policies with First Nations at the table from the start. It is, as the government describes, a “world-leading” model for how to entrench Indigenous involvement in law-making.
What does aligning laws with UNDRIP look like in practice? In some cases, it means adding new language to existing statutes to explicitly respect Indigenous rights. For example, in 2021 B.C. amended its Interpretation Act (the law that guides how all other laws are read) to include a universal clause stating that all provincial laws “must be read so as to be consistent with” the UN Declaration. This seemingly technical change has big symbolic and practical weight: if any B.C. law conflicts with Indigenous rights as affirmed by UNDRIP, that law should be interpreted in line with those rights. In short, Indigenous rights are not outside the provincial legal system—they are woven into it.
Alignment also means updating specific laws to fix long-standing inequities. In recent years, dozens of B.C. statutes have been amended as part of this process. For instance, the Human Rights Code was changed to add “Indigenous identity” as a protected ground of discrimination, affirming that Indigenous people are explicitly protected from discrimination in B.C.. Child welfare laws were overhauled to recognize First Nations’ jurisdiction over child and family services, enabling Indigenous communities to exercise their own laws in keeping children safe and connected to their culture. In education, the School Act was amended to require that every school district establish an Indigenous Education Council so that Indigenous families have a direct voice in local school decisions. These are just a few examples of how B.C. is rewriting the rulebook: ensuring provincial laws affirm Indigenous rights and involve Indigenous peoples at every step.
Importantly, this work is happening in partnership. Aligning laws isn’t a top-down exercise; it involves dialogue, joint drafting, and listening to Indigenous knowledge and priorities. The process is supported by the Declaration Act Secretariat, but also by new resources. In 2023, the Province created a $200 million Declaration Act Engagement Fund dedicated to helping First Nations participate fully in this law and policy reform. Indigenous leaders welcomed the fund as “an unprecedented opportunity to work on the challenges of reconciliation in B.C.,” noting that it will help communities cover the costs of negotiations, community meetings, and policy work needed to implement UNDRIP. The message is clear: changing laws in line with UNDRIP isn’t just a bureaucratic adjustment, it’s a collaborative effort to embed justice and fairness into the legal foundations of the province.
Perhaps the most groundbreaking aspect of B.C.’s UNDRIP framework is how it changes decision-making power. UNDRIP emphasizes that Indigenous peoples have the right to free, prior, and informed consent (FPIC) on matters that affect their lands and rights. But how does a government move from acknowledging that principle to actually sharing its decision-making authority? Section 7 of DRIPA provided a mechanism: it allows B.C. to sign agreements with Indigenous governing bodies to make decisions together – or even allow Indigenous laws to guide decisions – on specific issues. In effect, these agreements can hard-wire FPIC into provincial processes by requiring Indigenous consent for certain decisions.
The 2022 Tahltan consent agreement introduced at the start of this article is a vivid example of this in action. Under that agreement – the first of its kind – the Tahltan Nation and the Province laid out a new way to evaluate a mining project: the environmental assessment would proceed only through a collaborative process that put Tahltan values and jurisdiction at the forefront. The agreement explicitly recognizes Tahltan decision-making authority within the provincial system, fulfilling the promise of Section 7. As Premier (at the time) John Horgan remarked, this “historic step shifts B.C.’s legal decision-making framework to respect First Nations jurisdiction… providing a clear, stable and sustainable path for everyone to work together. This is reconciliation in action, in the real world”. In other words, by securing Indigenous consent, B.C. not only upholds rights but also creates predictability for industry and investors – turning a potential flashpoint into a partnership.
Since the Tahltan agreement, the province has continued to pilot consent-based and joint decision models. In late 2023, the Tahltan Nation signed a second agreement granting consent authority over the operation of the Red Chris copper and gold mine in their territory. Other First Nations are pursuing similar paths: the ‘Namgis First Nation, for example, is working with B.C. on a forestry stewardship agreement that will embed shared decision-making in managing local forests. Beyond formal Section 7 agreements, there’s a proliferation of collaborative decision processes. In coastal B.C., Indigenous Guardians from the Kitasoo Xai’xais and Nuxalk Nations now patrol and manage protected areas side-by-side with provincial park rangers. A 2023 pilot program designated 11 Indigenous guardians with the same legal authority as BC Parks rangers in their ancestral territories. These guardians enforce park regulations and protect ecological and cultural sites, blending traditional stewardship with provincial law enforcement. As one participant noted, “this is truly a collaborative process... helping us steward these areas together,” demonstrating how shared authority can work on the ground.
Another powerful example comes from northeast B.C., where a historic agreement was reached to heal a long-standing conflict. The Blueberry River First Nations, a Treaty 8 nation, fought for years against unchecked industrial development on their lands. In 2021, they won a landmark court case proving that the cumulative impacts of forestry, oil and gas, and other industries had violated their treaty rights. Rather than appeal, the province sat down to make it right. In January 2023, Blueberry River and B.C. signed an agreement to co-manage land, water and resources in their territory going forward. This partnership ensures Blueberry River members can meaningfully exercise their treaty rights while also providing stability and predictability for industry in the region. It’s a concrete shift from business-as-usual: instead of development proceeding at the expense of Indigenous rights, development now has to proceed with Indigenous partnership and respect for those rights. As one Blueberry River leader said at the signing, it is about “righting past wrongs” and building a better future on the foundation of Indigenous rights.
While new agreements and law reforms set the stage, how does UNDRIP implementation improve everyday life? This is where the Declaration Act Action Plan comes in. Unveiled in 2022, the Action Plan is a five-year roadmap with specific commitments across government. It covers everything from health and education to economic development and justice—reflecting the broad scope of UNDRIP, which touches all aspects of society. The Action Plan was co-developed with Indigenous peoples and organizes 89 actions under four broad themes: (1) Self-Determination and Inherent Right of Self-Government, (2) Title and Rights of Indigenous Peoples, (3) Ending Indigenous-Specific Racism and Discrimination, and (4) Social, Cultural and Economic Well-Being. In plain language, it’s a to-do list for reconciliation, spelling out what the B.C. government will do, in partnership with First Nations, Métis and Inuit communities, to meet the goals of UNDRIP.
Crucially, the Action Plan is not just a paper promise; it is being carried out through policies and programs that touch people’s lives. Education is a prime example. For years, Indigenous content in school curricula was optional and often overlooked. Now, thanks to a plan commitment, B.C. has made Indigenous learning mandatory for high school graduation. Starting in the 2023/24 school year, all students must earn at least four credits in Indigenous-focused coursework to graduate. In practice, that means teenagers across B.C. will take classes on First Nations languages, cultures, or Indigenous contributions—learning truths about history and contemporary issues that were long marginalized in education. Some schools even got a head start: Windsor Secondary in North Vancouver replaced English 11 with “English First Peoples 11” to ensure students gain this knowledge, a change that administrators say prepares youth for the world they live in today. Alongside curriculum changes, school districts are establishing Indigenous Education Councils (now required by law) so that Indigenous community members help shape education policy at the local level. These steps aim to make the school system more inclusive, accurate, and empowering for Indigenous students and non-Indigenous students alike.
In the realm of health and social well-being, the UNDRIP framework is fostering Indigenous-led solutions to systemic crises. A moving example is the new Orca Lelum Youth Wellness Centre on Vancouver Island. Co-created by First Nations and the provincial government in response to the devastating opioid and mental health crisis, Orca Lelum is a first-of-its-kind residential treatment center designed and run with Indigenous culture at its heart. Opened in fall 2024 on the Snaw-Naw-As First Nation territory, the centre blends mainstream clinical care with traditional healing practices, giving Indigenous youth a safe space to recover while reconnecting with their culture. Early participants speak of it as life-changing: one young woman, “Rachel,” said the program helped her “rediscover self-respect, gratitude, courage, and much more,” by not focusing solely on addiction but encouraging her to heal by understanding her identity and trauma. Another youth, inspired by his time at Orca Lelum after losing his father to overdose, went home and started a nonprofit to support others on their healing journey. The wellness centre’s approach—“the strength of both worlds”—embodies what UNDRIP’s implementation looks like: government investing in Indigenous-led, culturally grounded services to tackle problems that hit Indigenous communities hardest. It’s a model of reconciliation in health care, addressing colonial trauma with Indigenous wisdom.
Economic development and stewardship of lands are also being reimagined. The UNDRIP alignment framework encourages moving from conflict to collaboration. Besides the high-profile agreements in mining and forestry, there are grassroots initiatives restoring Indigenous stewardship over resources. On the central coast, as noted, Indigenous guardians now co-manage parks. In coastal First Nations, youth are reviving clam gardens—ancient mariculture practices—to enhance food security and habitat, supported by partnerships that acknowledge Indigenous ecological knowledge. In the Treaty 8 territory of northeast B.C., the Blueberry River agreement is leading to new land-use plans that limit industry impacts and create conservation areas, forged jointly by the nation and the province. All these efforts across different sectors share a common thread: the people most affected are helping lead the solutions.
This alignment of laws and policies with UNDRIP is often described as a “journey”—one that is still in its early chapters. Transforming the relationship between governments and Indigenous peoples is complex work. There are challenges: implementing consent-based decision-making requires patience, trust-building, and sometimes a change of mindset for those used to the old ways of doing things. Even well-intentioned actors can feel uncertainty. A high school principal who championed the new Indigenous-focused curriculum admitted some teachers worry about “doing the wrong thing while trying to do the right one”. Such fears are natural in a period of change, but as he learned by immersing himself in local First Nations culture, being willing to make mistakes is part of learning. Similarly, government agencies and industries are adapting to a new reality where dialogue and consent replace unilateral decisions. Not everything will be smooth—there will be tough negotiations, need for public understanding, and continual education to overcome biases and racism that have built up over decades.
Yet, the momentum in British Columbia so far shows a resolve to persevere. Each annual report to the Legislature documents further progress on Action Plan goals, holding the government publicly accountable. Indigenous leaders remain cautiously optimistic. Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs has called the new framework “an unprecedented opportunity to work on the challenges of reconciliation”, stressing “we owe it to our grandchildren to get it right this time.” There is a sense that the status quo – where Indigenous rights were routinely ignored – is giving way to something new and hopeful.
In British Columbia, the UNDRIP/DRIPA alignment framework is more than a set of policies; it’s a story of people working to rebuild trust and share power. It’s evident in a mine agreement that balances economic development with Indigenous stewardship. It’s heard in the voices of teenagers finding healing through culturally grounded care. It’s seen in classrooms, boardrooms, and campfire meetings where Indigenous knowledge now informs decisions. There is a long road ahead to fully realize the Declaration’s promises, but the narrative has begun to change. As B.C.’s experience shows, when a government and Indigenous peoples walk that road together—as true partners—reconciliation in action moves from aspiration to lived reality. Every step taken under the UNDRIP alignment framework is a step toward a more just and equitable future, and the whole province is invited to join in writing this new chapter.
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