Vaughn Palmer

The BC New Democrats are preparing legislation to discourage the courts from interfering in government reconciliation with Indigenous Nations, Premier David Eby said this week. “It is government’s responsibility, not the courts, to work with First Nations and address issues of reconciliation. … We’ll be amending the Declaration Act to ensure that that is clear.” The Declaration Act, and a related passage in the Interpretation Act, were cited by the BC Court of Appeal in overturning the province’s mineral claims regime. Both were invoked in passing by the BC Supreme Court in recognizing Aboriginal title over public and private land in Richmond. Eby has criticized both decisions as cases of judicial overreach. …“This is not the work of the courts to do on behalf of government.” …Yet in my reading of the debate on the two pieces of legislation, the government position was not as clear cut as Eby makes out.

Related coverage by:  

• John Chilibeck at The Daily Gleaner: BC title claim decision creates fear that resonates in New Brunswick
• Faskin LLB: New Brunswick Court of Appeal Finds Aboriginal Title Cannot Co-Exist with Free Simple Title