Share this Story : National Post Copy Link Email X Reddit Pinterest LinkedIn Tumblr

Adam Pankratz: Reconciliation law will be David Eby's downfall

There's no way B.C.'s premier can survive after backing down on his promise to amend the economically ruinous piece of legislation

You can save this article by registering for free here. Or sign-in if you have an account.

Though no one in British Columbia’s current NDP government will say it, it’s clear that David Eby’s days as premier are numbered. He has backed himself into a corner from which there can be no escape, despite his preference to protect his own political skin at the expense of the prosperity of British Columbians. 

Enjoy the latest local, national and international news.

Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.

Unlimited online access to National Post.

National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.

Daily puzzles including the New York Times Crossword.

Support local journalism.

Enjoy the latest local, national and international news.

Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.

Unlimited online access to National Post.

National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.

Daily puzzles including the New York Times Crossword.

Support local journalism.

Create an account or sign in to continue with your reading experience.

Access articles from across Canada with one account.

Share your thoughts and join the conversation in the comments.

Enjoy additional articles per month.

Get email updates from your favourite authors.

Create an account or sign in to continue with your reading experience.

Access articles from across Canada with one account

Share your thoughts and join the conversation in the comments

Enjoy additional articles per month

Get email updates from your favourite authors

Sign In or Create an Account

The issue that will sink Eby is, ironically, something that the premier himself was a major cheerleader for: B.C.’s Declaration on the Rights of Indigenous Peoples Act (DRIPA). The act’s aim was to ensure that new B.C. laws were in alignment with the United Nations declaration on the same topic, often referred to as UNDRIP.

Adam Pankratz: Reconciliation law will be David Eby's downfall Back to video

I have written at length about the incompatibility of the UN declaration and Canadian law in this paper, but a recap of the main issues that will take Eby down are worth highlighting to demonstrate the extent of the calamity facing B.C. as a result of actions that Eby is finally being held accountable for. 

This newsletter from NP Comment tackles the topics you care about. (Subscriber-exclusive edition on Fridays)

There was an error, please provide a valid email address.

By signing up you consent to receive the above newsletter from Postmedia Network Inc.

A welcome email is on its way. If you don't see it, please check your junk folder.

The next issue of Platformed will soon be in your inbox.

We encountered an issue signing you up. Please try again

Interested in more newsletters? Browse here.

Article 26 of UNDRIP states that, “Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use.” 

That is to say, if an Indigenous group claims a territory, under a literal reading of UNDRIP, the group would appear to own the land and all its resources. In theory, that means the 95 per cent of B.C.’s land base that is Crown land is no longer controlled by the government, but by the First Nations that claim ownership of it. 

Further, Article 32(2) states that, “States shall consult and co-operate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”

This “free and informed consent” requirement goes much further than the Supreme Court’s “duty to consult” doctrine under Section 35 of the Charter and treads dangerously close to being an effective veto over many government decisions.

Bruce Pardy: Virtue-signalling devotion to reconciliation will not end well

Caroline Elliott: The extreme ideology behind B.C.’s radical reconciliation agenda

Advertisement 1Story continues belowThis advertisement has not loaded yet, but your article continues below.document.addEventListener(`DOMContentLoaded`,function(){let template=document.getElementById(`oop-ad-template`);if(template&&!template.dataset.adInjected){let clone=template.content.cloneNode(!0);template.replaceWith(clone),template.parentElement&&(template.parentElement.dataset.adInjected=`true`)}});

UNDRIP is ultimately an aspirational human rights document that was never intended to be law, yet this is what it has become in B.C. since December 2025, when the B.C. Court of Appeal ruled that under DRIPA, the principles of UNDRIP must be applied to all provincial laws. The results have been extraordinarily destructive, both economically for the province, and politically for Eby. 

As a result of DRIPA, no one in B.C. has any certainty anymore as to who is in charge of the province and, in particular, it’s land. It is even a question as to whether the government can make its own laws anymore without First Nations’ free, prior and informed consent.

This may sound hyperbolic, but it is not, as Article 19 of UNDRIP states that Indigenous peoples must give “free, prior and informed consent” over “legislative measures.” This raises the question of whether DRIPA, or indeed any B.C. law, can be amended without First Nations’ consent. 

'I am Team Canada in my blood': O'Toole says Carney's Canada-U.S. council more than a 'photo-op' News

'I am Team Canada in my blood': O'Toole says Carney's Canada-U.S. council more than a 'photo-op'

Tasha Kheiriddin: Carney preparing to fail in Trump negotiations NP Comment

Tasha Kheiriddin: Carney preparing to fail in Trump negotiations

Advertisement 2Story continues belowThis advertisement has not loaded yet, but your article continues below.document.addEventListener(`DOMContentLoaded`,function(){let template=document.getElementById(`oop-ad-template`);if(template&&!template.dataset.adInjected){let clone=template.content.cloneNode(!0);template.replaceWith(clone),template.parentElement&&(template.parentElement.dataset.adInjected=`true`)}});

Adam Pankratz: Reconciliation law will be David Eby's downfall NP Comment

Adam Pankratz: Reconciliation law will be David Eby's downfall

Privy Council spent thousands on yoga lessons, productivity ninja and supplier of coins and swords: taxpayers federation Canada

Privy Council spent thousands on yoga lessons, productivity ninja and supplier of coins and swords: taxpayers federation

Canada changed citizenship rules and Americans are making the most of it Canada

Canada changed citizenship rules and Americans are making the most of it

As a result of DRIPA, nothing can get done in B.C. and the economy is in a tailspin, resulting in the province’s credit being downgraded and its population declining by 41,000 people last year — the first decline in 150 years — as citizens flee for better economic opportunities. 

Recognizing that he might have a problem on his hands, Eby said earlier this year that he would table legislation to amend or possibly suspend DRIPA for three years in order to sort out the whole mess. None of that will happen.

Indigenous groups said they would take legal action against the government if it makes any changes to DRIPA, and enough members of Eby’s own caucus told him they would vote against his amendments that the legislation wouldn’t pass. Faced with that reality, Eby’s resolve disintegrated faster than the Vancouver housing market he helped torpedo, and he pulled the bill. 

David Eby and his NDP have tried to sell British Columbians on the idea that DRIPA is the path toward reconciliation. Instead, it has proved to be a path to chaos and economic despair, which Eby is finally wearing.

This week, he had the opportunity to show some belated courage and table legislation to amend or suspend legislation that is clearly hurting the province and its citizens, despite the political risk associated with doing so.

Faced with that choice, Eby chose to protect the only person in province that he appears to have any regard for: himself. It will not be enough to save his premiership.

Adam Pankratz is a lecturer at the University of British Columbia’s Sauder School of Business and sits on the board of B.C.’s Public Land Use Society. 

Share this Story : National Post Copy Link Email X Reddit Pinterest LinkedIn Tumblr

Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.

U.S. couple shocked after sunny cruise to Bermuda rerouted to chilly New Brunswick Virgin Voyages passengers were told they’d be heading to the 'crisp shorelines' of Saint John due to poor weather 3 hours ago Travel

U.S. couple shocked after sunny cruise to Bermuda rerouted to chilly New Brunswick

Virgin Voyages passengers were told they’d be heading to the 'crisp shorelines' of Saint John due to poor weather

These are the 3 best beauty products we tried this week Beauty Buzz: The 3 best beauty products we tried this week from Prada, Neostrata and Jouviance 5 hours ago Fashion & Beauty

These are the 3 best beauty products we tried this week

Beauty Buzz: The 3 best beauty products we tried this week from Prada, Neostrata and Jouviance

See how a $2,500 gym shed project created a fresh home fitness space A Keter shed becomes a workout escape for a DIY weekend project 5 hours ago Homes

See how a $2,500 gym shed project created a fresh home fitness space

A Keter shed becomes a workout escape for a DIY weekend project

Advertisement 3Story continues belowThis advertisement has not loaded yet, but your article continues below.document.addEventListener(`DOMContentLoaded`,function(){let template=document.getElementById(`oop-ad-template`);if(template&&!template.dataset.adInjected){let clone=template.content.cloneNode(!0);template.replaceWith(clone),template.parentElement&&(template.parentElement.dataset.adInjected=`true`)}});

Canadian concert tours: Hottest tickets in 2026 Ne-Yo, The Fray and Hilary Duff are on sale now 5 hours ago Music

Canadian concert tours: Hottest tickets in 2026

Ne-Yo, The Fray and Hilary Duff are on sale now

Best standup comedy shows in Canada near you this week Nate Bargatze, Nimesh Patel and Jimmy Carr are on sale now 5 hours ago Entertainment

Best standup comedy shows in Canada near you this week

Nate Bargatze, Nimesh Patel and Jimmy Carr are on sale now

© National Post