Protect What Matters
Two court rulings. One reckless law. Every private property title in B.C. is now at risk.
Read what happened. See what British Columbians are saying. Then add your name.
The Crisis
What Happened
Two landmark court decisions have exposed a reconciliation framework in crisis — threatening private property rights, investment, and economic stability across British Columbia.
The Cowichan Decision
August 2025 — The BC Supreme Court declared Aboriginal title over 800+ acres of private land in Richmond.
The court ruled that Aboriginal title is a senior right to the land, and that the Land Title Act does not protect private property from Aboriginal claims.
Montrose Properties — which invested $300 million in their lands in Richmond over 40 years, and was planning to develop their property — was never given an opportunity to appear in court during the 11-year trial. Their project is now stalled.
The decision has tanked property values in the area and chased away investment.
This decision exposes every private landowner in B.C. to the same risk.
The Gitxaala Decision
December 2025 — The BC Court of Appeal ruled that DRIPA is the law — not merely symbolic.
Section 8.1 of the Interpretation Act, drafted by David Eby when he served as Attorney General, now requires every B.C. law to be subordinated to a non-binding United Nations declaration - UNDRIP. B.C. is the only jurisdiction in the world to adopt such an approach.
The ruling dismantled B.C.'s mineral tenure system, froze the mining and exploration sector, and threatens to upend existing laws touching all Crown land.
And it opened the door to dozens of other court actions asserting DRIPA was not followed in various processes.
Even Premier Eby concedes all of this has gone too far.
The Impact
What British Columbians Are Saying
An ICBA-commissioned poll (February 2026) found that British Columbians overwhelmingly agree: this has gone too far.
The Warnings
In Their Own Words
[Question from CKNW's Jill Bennett:] "Many legal experts are saying that we're now in a position in B.C. where roughly 200 First Nations are co-governing this province with the B.C. Government. Is that true?"
[Terry Teegee:] "Yes, that's exactly right."
"In twenty years, First Nations and the Crown govern this province together... No decision about the land, the water, or the resources of this province gets made without the nations whose territory it is at the table as equals."
"I fully anticipate that the seller or vendor will get what they are bargaining for, and the purchaser would also get what they are bargaining for, but it would be with the consent of the Cowichan Nation and it would be with some accommodation from the Crown (government) to the Cowichan Nation."
Our Recommendations
A Better Path Forward
ICBA has developed six concrete actions the provincial government can take to restore certainty, protect property rights, and advance meaningful reconciliation.
01
Repeal DRIPA
Section 35 already protects Aboriginal rights. DRIPA gave courts an unlimited interpretive tool that has created massive uncertainty.
02
Repeal Section 8.1 of the Interpretation Act
This section requires every B.C. law be construed consistently with UNDRIP, fuelling legal uncertainty across the province.
03
Reinvigorate the Treaty Process
Treaties deliver clarity, certainty, and finality. Remove UNDRIP-based expansions from negotiating mandates.
04
Legislate Protections for Private Property
Require notice to landowners, protect against extinguishment, and restore the indefeasibility of title.
05
Commit to Transparency and Public Engagement
Make all agreements public, require legislative debate, and ensure meaningful consultation with affected communities.
06
Press Ottawa to Repeal Federal UNDRIPA
The federal legislation has the same structural problems. Refocus efforts on completing the treaty process.
Why This Matters
Prosperity at Stake
"When a government quietly experiments with new forms of 'co-title' and 'shared decision-making' over everything from individual homes to huge swaths of B.C., it isn't tinkering at the margins. It's playing Jenga with the legal foundation of our economy. We have a generational opportunity to build shared prosperity. Reconciliation comes from open dialogue that includes Indigenous communities, municipalities, homeowners, business owners, farmers, ranchers, investors, and workers. No one should be left out."
— Chris Gardner, ICBA President and CEO
A Better Path Forward
Six Solutions for Clarity, Certainty & Fairness
Reconciliation works when it's rooted in economic partnership, democratic accountability, and respect for everyone's rights. Here's how to fix this. For an in-depth look at all of these pieces, click HERE for a 2-page summary, or HERE for a longer analysis.
Repeal DRIPA
The duty to consult is already well-established in Canadian constitutional law. B.C. doesn't need a provincial statute that directs courts to read a UN resolution into every law with no guardrails.
Repeal Section 8.1 of the Interpretation Act
This provision requires every B.C. law to be interpreted consistently with UNDRIP. It turned the Gitxaala case into a wrecking ball for the resource sector and gives judges an open-ended mandate to remake provincial law.
Reinvigorate the Treaty Process
Treaties are the only constitutionally recognized framework that delivers clarity, certainty, and finality for everyone. The province must recommit to the B.C. treaty process and halt ad hoc "reconciliation agreements" that provide one-way deals with no legal certainty.
Protect Private Property Rights
Legislate clear protections: ensure private landowners receive notice of proceedings that could affect their title, are given standing to defend their property, and are protected from extinguishment without due process and fair compensation.
End Secret Land-Use Deals
All secretive bilateral agreements affecting Crown and private land must be made public. The legislature must fully debate any such agreements, and affected communities must be meaningfully consulted — not managed.
Press Ottawa to Repeal Federal UNDRIPA
The federal UNDRIP Act suffers from the same structural problems. B.C. should formally call on Ottawa to repeal it, rethink its unconditional acceptance of UNDRIP, and refocus resources on completing the treaty process.
Proof It Works
What Reconciliation Looks Like When It Works
Economic partnerships and modern treaties deliver real results for Indigenous and non-Indigenous communities alike.
LNG Canada & Coastal GasLink
Largest private-sector investment in Canadian history. Negotiated benefit agreements with 20 elected First Nation councils along the pipeline corridor, creating thousands of Indigenous jobs and hundreds of millions in contracts. $55 billion was invested to make this project a reality.
Nisga'a Final Agreement
Canada's first modern treaty in B.C. Delivered self-government, land certainty, and resource-sharing — through negotiation, not litigation. A model for durable reconciliation with democratic accountability. Today, the Nisga'a are nearing a final investment decision on its $10 billion Ksi Lisims LNG project and related Prince Rupert Gas Transmission pipeline.
Tsawwassen First Nation
B.C.'s first modern treaty (2009) turned 350 hectares into an economic powerhouse — attracting $1 billion in private investment, 2,800 new homes, and thousands of jobs, including the 1.2-million-sq-ft Tsawwassen Mills. Built through negotiation, not litigation.
Woodfibre LNG (Squamish Nation)
The Squamish Nation independently assessed and approved the $10 billion Woodfibre LNG project — demonstrating that Indigenous communities can and do make their own economic development decisions through existing frameworks.
Indigenous Leaders Speak Out
In Their Own Words
"What I feared was UNDRIP would bring us back to 1982 with court cases, roadblocks, fear, anger and uncertainty. I wanted to keep lifting people out of poverty, build strong communities and societies, and not divide Canadians to the point where we all fail."
MP, Former Haisla Chief Councillor
"There are primarily 2 schools of thought on reconciliation. Group 1 cares about rights and title, land acknowledgements, jurisdiction, and power over decision making. Group 2 cares about quality of living, poverty, drug addiction, education rates, employment rates, and crime rates… I would say I’m firmly in the Group 2 camp."
Chief, Chawathil First Nation
"B.C. and Canada knew that passing such legislation [adopting UNDRIP] without additional guidance or clear, co-developed plans for implementation could lead to a confusing mess. They were specifically told – by experts at the time, by some public commentators, and by me. Now, here we are."
Former Attorney General of Canada
Go Deeper
Read More
What B.C. Rights is Eby Giving Away through 'Co-Management'?
UNDRIP cannot be the guiding principle or lens we see treaties through.
Read article →Premier Eby lit the DRIPA Fire and Wants us to Trust Him to Put it Out
Eby fundamentally changed the legal foundation of the province, got trapped in a historic blunder of his own making, and can't wriggle B.C. out.
Read article →If We're All Here to Stay, Cowichan Decision got it Wrong
How a provincial statute turned a UN declaration into an enforceable legal standard — and froze B.C.'s resource sector.
Read article →98% of BC Business Leaders Say DRIPA is Causing Uncertainty
74 per cent said they are decreasing investment plans in B.C., and one in three said they are reducing hiring plans in B.C.
Read article →A Lawyer who Advised 6 B.C. Governments Warns About Cowichan and DRIPA
British Columbians are waking up to a crisis on two fronts.
Read article →Democracy is Dying in British Columbia under UNDRIP
British Columbians should not accept an undemocratic bilateral process, carried out entirely in secret.
Read article →