Proposed changes to the Judicial Review Procedure Act (JRPA) will provide transparency and clarity for judicial reviews of decisions made under consent-based decision-making agreements with Indigenous Peoples.
The proposed amendments are part of government’s implementation of the Declaration on the Rights of Indigenous Peoples Act, which created a means for Indigenous Peoples to fully participate in decisions that affect them, through decision-making agreements with the Province. The JRPA governs judicial reviews of decisions made by a wide variety of government decision-makers and sets out what remedies a court may grant. Judicial reviews ensure these decisions have been made reasonably, fairly and within the decision-maker’s authority.
The proposed amendments clarify that when Indigenous governing bodies exercise their right to give or deny consent, the JRPA processes will apply to that consent decision in the same way as they apply to the government’s decision following that consent.
The Ministry of Attorney General worked in close collaboration with the First Nations Leadership Council, the Alliance of BC Modern Treaty Nations, and several section 35 rights holders, such as the shíshálh Nation, to develop these amendments.
Supporting the implementation of decision-making agreements under the Declaration Act is an important part of the Province’s commitment to lasting and meaningful reconciliation with Indigenous Peoples.
To learn more about consent-based decision-making agreements, visit: https://www2.gov.bc.ca/gov/content/governments/indigenous-people/new-relationship/united-nations-declaration-on-the-rights-of-indigenous-peoples/making-decisions-together
For a news release about consent-based decision-making agreements, visit: https://news.gov.bc.ca/releases/2022PREM0034-000899
To learn more about the Declaration Act Action Plan, visit: https://declaration.gov.bc.ca/