The NDP government is courting two Independent MLAs to support the premier’s controversial plan to suspend sections of the Declaration on the Rights of Indigenous Peoples Act, as sources tell CBC News a growing number of NDP MLAs oppose the changes David Eby is pushing.

More than 10 NDP MLAs spoke out against Eby’s plan at an emergency caucus meeting Saturday, according to two sources with direct knowledge of the meeting.

The sources asked to speak on background because they were not authorized to share the information.

Independent MLAs Elenore Sturko and Amelia Boultbee confirmed the NDP has reached out to them for their support on the bill. Neither would say how they intend to vote.

NDP political staff within the government were also called to a meeting on Friday, the sources say.

At a caucus meeting Thursday, six NDP MLAs spoke out about the proposed changes, but the backlash has grown since then.

This follows a news conference on Friday organized by the First Nations Leadership Council where several Indigenous leaders slammed Eby for “unilaterally” seeking to weaken DRIPA, which was passed unanimously in the legislature in 2019.

Eby said last week that the amendments to DRIPA must be introduced as soon as possible to limit the province’s legal liability as a result of the Gitxaała decision.

That decision found that the province’s mining laws were not consistent with DRIPA. Eby said the ruling has opened the door “to a tidal wave of litigation” because, according to him, now any provincial law can be challenged if it doesn’t align with the legislation.

Eby has repeatedly said the bill to amend DRIPA will be a confidence motion. However, sources say he could delay introducing the bill given the caucus dissent.

At a photo opportunity with the B.C. Building Trades Monday morning, CBC News asked Eby if his caucus is united over DRIPA. Eby would not answer the question but said he would be available to media later in the day.

However, when asked the same question on Friday, Eby said: “There are a wide diversity of voices and views in our caucus.”

He was also asked if he would allow his MLAs to vote with their conscience, as B.C. Green MLA Adam Olsen urged them to do.

Eby said, “Every MLA on every vote votes the way that they think is best for the province of British Columbia and our caucus.”

WATCH | DRIPA bill exposes tensions within B.C. NDP caucus:

Proposed DRIPA changes expose tensions within B.C. government caucus

First Nations leaders have laid out their opposition to Premier David Eby’s plan to suspend key sections of the Declaration on the Rights of Indigenous Peoples, or DRIPA. As the CBC’s Katie DeRosa reports, the issue has exposed divisions within the NDP caucus and raised the prospect of an early election.

On Friday, Union of B.C. Indian Chiefs president Grand Chief Stewart Phillip told reporters that his wife Joan Phillip, NDP MLA for Vancouver-Mount Pleasant, is opposed to suspending sections of DRIPA.

“I know she does not support the suspension, she does not support any tinkering or meddling with DRIPA,” Phillip said.

CBC News has not been able to reach Joan Phillip for comment. Sources say NDP MLAs have been warned against speaking to media.

If Eby puts forward the bill as a confidence motion, he’s essentially staking his government on it.
The NDP has a slim, one-seat majority, which is why Eby needs the vote of all NDP MLAs — or at least some Independents — to avoid triggering an election.

B.C. Conservative leadership candidate Caroline Elliott said in a statement that if Eby calls a snap election, the Conservative’s leadership vote should be held earlier than the May 30 date so the new leader can be installed for the election campaign.

However, Peter Milobar, another leadership candidate and B.C. Conservative MLA, said in a statement he’s against expediting the leadership race. He’s calling for the leadership organizing committee to convene a meeting with the five leadership candidates to consider next steps.