“DRIPA circumvents section 35 of the Constitution and the treaty-making process.”
Geoffrey S. Moyse, KC, Northern Beat
Retired senior counsel, BC Ministry of Attorney General (Aboriginal law section) · Dec 2025
DRIPA's own Section 1(3) says: 'Nothing in this Act, nor anything done under this Act, abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.' In November 2024, Parliament passed Bill S-13, which amended the federal Interpretation Act to add section 8.3 — a non-derogation clause explicitly upholding section 35 rights. S-13 deliberately stopped short of giving UNDRIP constitutional supremacy. The Supreme Court of Canada's framework for section 35 reconciliation, set in R v Sparrow (1990), remains intact. DRIPA builds on that framework — it does not bypass it.
Province of British Columbia · 2019-11-28[S.B.C. 2019, c. 44]
Parliament of Canada — LEGISinfo (44th Parliament, 1st Session) · 2024-11-27[S.C. 2024, c. 30]
Justice Laws Website, Government of Canada · 2024-11-27
Department of Justice Canada — news release · 2024-11-28
Supreme Court of Canada · 1990-05-31[[1990] 1 S.C.R. 1075]
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