“Overlapping First Nations territorial claims make DRIPA unworkable. Indigenous groups are suing each other because of DRIPA.”
Bruce Pardy, Fraser Institute
Senior Fellow, Fraser Institute; Professor, Queen's University Faculty of Law · Dec 2024
Overlapping claims in BC predate DRIPA by over a century. When BC joined Canada in 1871, the province refused to recognize Aboriginal title or negotiate treaties — the official Trutch-era position was that Indigenous people 'really [have] no rights to the lands.' That refusal is why BC has so few historic treaties and so many overlapping modern claims. Real evidence: the Gitanyow Lax'yip claim at the centre of Malii v. British Columbia was filed in 2003 — 16 years before DRIPA existed. The BC Treaty Commission (established 1992) and the 1991 BC Claims Task Force report built the modern framework DRIPA now supports. DRIPA is the framework for resolving these claims, not the cause of them.
Union of BC Indian Chiefs (UBCIC) · 2005-01-01
Province of British Columbia · 2023-01-01
Supreme Court of British Columbia · 2024-01-24[2024 BCSC 85]
BC Claims Task Force · 1991-06-28
Province of British Columbia · 2019-11-28[S.B.C. 2019, c. 44]
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