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Recurring talking point

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

Fact-checked — verified

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.

Full source details

A Short Commentary on Land Claims in BC

Union of BC Indian Chiefs (UBCIC) · 2005-01-01

Report of the British Columbia Claims Task Force

BC Claims Task Force · 1991-06-28

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

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

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