The Canadian Bar Association, BC Branch condemns the provincial government’s intention to limit British Columbians’ ability to bring their disputes before independent courts.
On January 20, Premier David Eby stated that his government plans to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in a way that would limit the role of the courts in the province’s Reconciliation efforts. This could mean that anyone disagreeing with the law would not be able to go to court for resolution.
Every British Columbian should be concerned about any attempt to restrict access to our independent courts as a means of resolving disputes. In a democracy like ours, the courts provide a fair and impartial forum where anyone can raise their concerns or object to decisions made by government, including legislation created and passed by the legislature. A government that plans to limit the courts' role because it disagrees with judicial decisions should alarm us all.
The government is not above the law. British Columbians rely on an independent judiciary to uphold rights, clarify legal obligations and resolve disagreements when they arise. Denying the right to seek resolution through the courts undermines public confidence in democratic institutions and compromises fundamental checks on government power.