B.C.'s Indigenous leaders weigh longtime NDP loyalties as election nears

After generations of supporting the NDP, some B.C. Indigenous leaders are questioning their allegiance to the party as Premier David Eby faces growing criticism over his handling of Indigenous rights.

Grand Chief Stewart Phillip reaffirmed his support Friday for Eby as premier of the province, but endorsed Green Leader Emily Lowan in her Vancouver Island riding.

The president of the Union of B.C. Indian Chiefs said he is “totally honoured” to back the Green candidate in the Saanich North and the Islands riding, praising Lowan as a “strong and courageous ally for Indigenous peoples in B.C.,” but is continuing to support Eby, calling him “the best choice as leader of this province.”

Phillip has long been an NDP ally. His late wife, Joan Phillip, was an NDP MLA in Eby’s government before her death in August.

But the relationship between Phillip and Eby has been strained by the premier’s handling of DRIPA, which commits the province to aligning its laws with the United Nations Declaration on the Rights of Indigenous Peoples.

Earlier this year, Eby proposed suspending parts of B.C.’s DRIPA law for up to three years, drawing backlash from Phillip and other First Nations leaders who warned the changes could weaken Indigenous rights protections. Joan Phillip also opposed the proposed suspension before her death.

Eby’s proposed changes would have temporarily removed the province’s requirement to take “all measures necessary” to bring its laws in line with the UN declaration. During the spring legislative session, Eby’s government, which held a slim majority, shelved those changes, pledging to work with First Nations leaders on a way forward.

Hugh Braker, a First Nations Summit political executive member, said he is unsure whether he can continue voting for the NDP this election.

“I haven’t been able to decide who to vote for, and it’s really late now,” he said Friday.

Braker said his family’s ties to the party stretch back to the days of the Co-operative Commonwealth Federation, the predecessor to the NDP. His grandfather handed out campaign pamphlets when Indigenous Peoples were still fighting for the right to vote.

But Braker worries that voting NDP could mean supporting a premier who might change or repeal DRIPA.

“That’s why I’m really torn right now.”

The debate came to a head during Wednesday’s televised leaders’ debate, where party leaders clashed over DRIPA’s future.

Lowan pledged that a Green government would follow Indigenous leaders’ advice and continue implementing the law.

DRIPA “has no bearing on private property,” said Lowan. “It sets out the rules for governments to go ahead, do their homework, and bring up our legislation in alignment with B.C. laws and the minimum standards set out by the UN on human rights of Indigenous people.”

Interim Conservative Leader Lorne Doerkson promised to repeal DRIPA if his party formed government.

“I’m committed to doing that for a number of reasons,” said Doerkson. “It has not helped. British Columbia has created more division on the landscape than I have ever seen in my life, and this legislation is not that old.”

Eby pointed to what he described as “challenging” court rulings on Indigenous rights, saying the province was working to appeal them. But he stressed that partnerships with First Nations were essential to delivering jobs and opportunities without major projects becoming tied up in court.

“There’s only one path forward, and that’s in partnership with the Indigenous people in this province,” Eby said.

The debate over DRIPA has been shaped by two major court rulings last year that tested how Indigenous rights apply under B.C. law.

In the Gitxaała case, the B.C. Court of Appeal found the province’s mineral-claim system was inconsistent with the UN declaration and needed to be changed. The ruling is being challenged in the Supreme Court of Canada.

In a separate case based on constitutional findings and not DRIPA, the B.C. Supreme Court recognized Cowichan Tribes’ Aboriginal title to a swath of farm and industrial land in south Richmond, including privately owned land. Eby said the ruling raised concerns about private property rights. The province is also appealing the decision.

Other Indigenous leaders have also voiced support for Green candidates, citing dissatisfaction with the B.C. NDP.

Wet’suwet’en hereditary Chief Na’moks has endorsed the party, criticizing what he described as “disappointing leadership and inaction from the last government.”

“I fully and wholeheartedly endorse Emily Lowan and hope the people of Saanich North & the Islands will elect her as their new MLA,” Na’moks added in an endorsement posted to Lowan’s social media Thursday.

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