Myth: "The First Nations Leadership Council isn't a legal entity, so it has no right to represent BC First Nations. MLAs can legislate without interference from unelected Indigenous leaders. The Supreme Court ruled in Mikisew Cree that governments have no duty to consult on legislation."

Recurring talking point

“The First Nations Leadership Council isn't a legal entity, so it has no right to represent BC First Nations. MLAs can legislate without interference from unelected Indigenous leaders. The Supreme Court ruled in Mikisew Cree that governments have no duty to consult on legislation.”

Nina Green, Woke Watch Canada (Substack)
Freelance writer · Apr 2026

Fact-checked - verified

This mixes a real Supreme Court ruling with three false conclusions. Mikisew Cree (2018 SCC 40) did hold that the common-law duty to consult under Section 35 of the Constitution does not apply to law-making - but a 5-4 majority of the same court also held that the honour of the Crown still binds the legislative stage. More importantly, DRIPA itself, passed unanimously 87-0 by the BC Legislature in 2019, requires the BC government at Section 3 to take 'the measures necessary' to ensure BC laws are consistent with UNDRIP. That is a statutory duty the legislature chose to put on itself; Mikisew does not limit it. The FNLC's three member organizations - the Union of BC Indian Chiefs, the BC Assembly of First Nations, and the First Nations Summit - are composed of elected chiefs and representatives of BC First Nations. Not being an incorporated entity does not make a body illegitimate: governments consult with industry associations, unions, and advocacy councils every day that are not 'legal entities.' Calling FNLC engagement 'interference' reframes what BC's own unanimous legislation calls 'cooperation.'

Sources

Court|2018 SCC 40 Gov|S.B.C. 2019, c. 44 Hansard Gov Court|2004 SCC 73 FN

Full source details

Mikisew Cree First Nation v. Canada (Governor General in Council)

Supreme Court of Canada · 2018-10-11[2018 SCC 40]

Declaration on the Rights of Indigenous Peoples Act (Bill 41 - 2019)

Province of British Columbia · 2019-11-28[S.B.C. 2019, c. 44]

DRIPA recorded division - 87 yea, 0 nay (Rustad voting yea)

Hansard, BC Legislature (41st Parliament, 4th Session, Issue 299) · 2019-11-26

Constitution Act, 1982, Section 35

Government of Canada · 1982-04-17

Haida Nation v. British Columbia (Minister of Forests)

Supreme Court of Canada · 2004-11-18[2004 SCC 73]

Declaration Act is Not a Threat to Private Property: Clarifying False Linkages in the Media

First Nations Leadership Council · 2026-02-05

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APA: DRIPA Facts. (2026, April 1). Mikisew Cree limited only the common-law duty under Section 35. DRIPA, passed 87-0 in 2019, imposes a separate statutory duty on BC to align its laws with UNDRIP. FNLC's member organizations are made up of elected chiefs. DRIPA Facts. https://dripafacts.ca/en/myth/fnlc-consultation-illegitimate/
Chicago: DRIPA Facts, "Mikisew Cree limited only the common-law duty under Section 35. DRIPA, passed 87-0 in 2019, imposes a separate statutory duty on BC to align its laws with UNDRIP. FNLC's member organizations are made up of elected chiefs," DRIPA Facts, April 1, 2026, https://dripafacts.ca/en/myth/fnlc-consultation-illegitimate/.
MLA: DRIPA Facts. "Mikisew Cree limited only the common-law duty under Section 35. DRIPA, passed 87-0 in 2019, imposes a separate statutory duty on BC to align its laws with UNDRIP. FNLC's member organizations are made up of elected chiefs." DRIPA Facts, 1 Apr. 2026, dripafacts.ca/en/myth/fnlc-consultation-illegitimate.

First published: April 1, 2026