Earlier today, British Columbia’s Legislative Assembly voted unanimously to pass Bill 41. Bill 41 ratifies and seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Bill is expected to receive royal assent on Thursday. Once Royal Assent is granted, British Columbia will be the first Canadian jurisdiction to enact legislation to implement UNDRIP.
Bill 41 seeks to ensure that all B.C. laws are consistent with UNDRIP’s provision. However, the Bill does not give UNDRIP legal force. Rather, the Bill is a first step to bringing British Columbia’s legislation into line with the standards mandated in UNDRIP. Further legislative amendments will be required to bring British Columbia’s laws into accordance with the Declaration.
Bill 41 creates Action Plans for the various government departments, and requires them to report on their progress towards implementing UNDRIP. It also gives government departments legislative authority to involve Indigenous governments in decisions.
Like much legislation, the actual impact that Bill 41 will have is difficult to predict. The path forward will depend on several factors, including the willingness of the provincial government to take serious action, the ability of Indigenous nations to fully engage with the legislation, and the decisions of colonial courts.
Ultimately, Bill 41 leaves the responsibility for implementing UNDRIP with the provincial government. The Bill does not immediately change the legislative landscape of British Columbia. However, the Bill does indicate British Columbia’s willingness to work seriously towards acknowledging the rights recognized in UNDRIP, and in some cases empowers government actors to begin implementing those rights. The enactment of Bill 41 is the beginning of the process, not the end.