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Why Indigenous land rights could define the next BC election

Keith Baldrey by Keith Baldrey
January 28, 2026
in News Columnists, News

Few issues have given the NDP government pause for concern more than the issue of how much say First Nations should have over land use decisions.ย 

And now Premier David Eby has mused aloud about fighting the next election over that issue, a prospect that must surely worry NDP supporters.

โ€œThe question of whether or not to work with First Nations may indeed be an election issue,โ€ he told reporters last week. He said cutting First Nations out of a decision-making process would lead to โ€œchaos, unemployment and economic contraction.โ€

After outlining his argument, he finished by saying, โ€œThatโ€™s where our government is on this issue, and if we have to fight an election on it, we will.โ€

Interesting words from a leader whose government has been on the defensive on First Nation-tied issues for some months now.

It was forced to back down on changes to the Land Act that critics argued gave First Nations a veto over land use decisions. More recently, it faced a firestorm of criticism and concern over a B.C. Supreme Court ruling on a First Nations land claim that came perilously close to questioning the validity of private property.

The NDP has appealed that ruling, but Eby has also announced his government intends to amend laws that implement the Declaration of the Rights of Indigenous Peoples (DRIPA).

Although the amendments are not clear yet, more than 80 indigenous organizations say they are opposed to making any changes at all.

Finally, the NDP threw in the towel โ€“ for now, anyways โ€“ on amending the 30-year-old Heritage Conservation Act to align it with the governmentโ€™s commitments under DRIPA.

Changes to the Act โ€“ most often applied to sites where indigenous artifacts are found โ€“ were decried by critics who found them so vague and ill-defined that they would lead to paralysis and endless uncertainty over all kinds of land use.ย 

This is all part of an increasingly tense situation over the issue of indigenous land rights in B.C. 

And I am not sure it would be wise for Eby to make this issue a key campaign issue (although he may not have any choice, as the B.C. Conservative Party has signalled this issue may be its chief priority come the next election).ย 

An Angus Reid poll taken last August shows how the NDP may be on the wrong side of this issue with the voters.

The poll found that while 39 per cent of British Columbians think implementing DRIPA was the right thing to do, an even higher number โ€“ 44 per cent โ€“ said DRIPA went too far. More alarming for Eby, 29 per cent of NDP supporters think it goes too far. 

The NDP government is getting boxed in. While there have been successes associated with DRIPA, the climb-downs associated with it are starting to pile up in number.

The chorus of boos from municipal politicians and business leaders over the Heritage Conservation Act amendments was loud, but there will be similarly loud cries of protest from First Nations when the DRIPA amendments are made public, which will occur at some point in the upcoming spring session of the B.C. legislature.

Eby is likely correct that taking a hard line against First Nationsโ€™ involvement in decision-making processes would cause all kinds of disruption to the economy, but he is finding that proceeding with the expansion of that involvement โ€“ often done in secret, out of the public eye โ€“ is fraught with all kinds of political peril as well.

So, fighting an election over this issue?

That would be one heck of a roll of the dice.

In terms of when that election may be called, though, it could be tied to this issue. Iโ€™ll have more on that next week.

Keith Baldrey is Global TVโ€™s legislature bureau chief.

Keith.Baldrey@globalnews.ca 

Keith Baldrey

Keith Baldrey

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