Canadian Indigenous leaders have urged legislators in British Columbia to vote down a bill which would suspended parts of the province's Declaration on the Rights of Indigenous Peoples Act.

In a joint open letter to the British Columbia Legislative Assembly issued Sunday, the First Nations Leadership Council - including representatives of the First Nations Summit, the Union of BC Indian Chiefs and the BC Assembly of Nations - called on Members to oppose the bill which would suspend part of the Declaration Act (also known as DRIPA), and also suspend an Interpretation Act amendment.

The First Nations Leadership Council wrote that BC Premier David Eby had confirmed he intends to introduce legislation to suspend "critical provisions" of DRIPA despite "overwhelming opposition from First Nations", and is seeking to build caucus and cross-party support for this plan.

"Each member is being needlessly forced into a vote by Premier Eby, which will have immediate and lasting consequences for reconciliation and the legal, political and economic stability of this province," the Leadership Council wrote.

"We are writing to urge members to oppose this proposed bill."

The Leadership Council noted that DRIPA was passed in 2019 with the unanimous support of all MLAs in the legislature, which it described as "a momentous occasion that we all celebrated".

"It committed the BC Government to work with First Nations to align BC laws with the UN Declaration on the Rights of Indigenous Peoples, an international instrument that affirms the human rights of Indigenous Peoples, including self-determination, free, prior and informed consent, and the stewardship of lands, resources, our territories and our cultures," the Council noted.

"In passing DRIPA, BC became the first commonwealth jurisdiction to make this commitment in law. Just over five years later, BC seeks to renege on this legislative promise."

The Leadership Council said Premier Eby had "falsely framed" his proposed suspension of DRIPA as a necessary response to legal uncertainty arising from recent court decisions that affirm First Nations' inherent title and rights in British Columbia.

"His framing is not only misleading but is also inherently wrong. We are dismayed at the degree to which the court cases and DRIPA are being misrepresented, mischaracterised and conflated as rhetoric and fearmongering," the First Nations leaders wrote.

"The risk before the legislators and all British Columbians is not created by DRIPA - it is created by the decisions to undermine it through unilateral action."

The First Nations Leadership Council warned that attempts to suspend sections of DRIPA and the Interpretation Act to achieve a desired outcome in a court decision is an act of "fettering the separation of judicial powers", and "an egregious attempt to limit First Nations' access to the court, reminiscent of the 1927 law that prohibited First Nations from hiring lawyers and accessing the courts".

"Limiting the role of the courts limits First Nations' access to justice and sets a dangerous precedent that should concern all British Columbians," the leaders wrote.

"Canadian courts have always had a role in reconciliation. The courts have been clear - First Nations title and rights in BC are not up for debate. Any attempt to interfere with the courts' role, and First Nations' access to justice, will be met with collective resistance from First Nations and allies across the province."

The First Nations Leadership Council also rejected what it called Premier Eby's misrepresentation of the Council as a "wall of opposition".

They noted the Premier had claimed he will seek support directly from individual rights and title holders for his bill, and said the limited sessions held by the provincial government directly with First Nation title and rights holders to date had found "overwhelming opposition" to the proposal to unilaterally amend or suspend DRIPA.

"The FNLC has echoed this opposition, based on our very clear mandate established through resolutions of First Nations Chiefs and leaders," the Leadership Council said on Sunday.

"First Nation title and rights holders have consistently offered to work with the Province to improve the implementation of DRIPA and this offer remains. However, they have been just as consistent in messaging that there are no circumstances under which a unilateral suspension or repeal of DRIPA and the Interpretation Act are acceptable.

"First Nations should not be asked by the Crown to compromise their human rights. No other segment of society is asked to put their rights on hold while the government seeks to appeal to the Supreme Court of Canada to undermine those very rights."

The Council noted that First Nations communities and their representative bodies have put forward a number of constructive solutions to address the Province's concerns about DRIPA implementation; including proposals for a DRIPA Implementation Act, an independent oversight body, a joint Cabinet Committee on DRIPA implementation, and a proposed process to identify a workable "off-ramp" to avoid amendments or suspension of DRIPA.

"Each proposed possible solution was rejected or considered non-workable with Premier Eby declaring that suspension is 'non-negotiable'," the Leadership Council said.

"However, it is First Nations or the FNLC accused of refusing to compromise. The Premier has had every opportunity to work in partnership with First Nations and the FNLC to find a path forward. He has chosen, instead to storm ahead with unilateral action."

The signatories of the open letter, Robert Phillips, Hugh Braker and Huy'wu'qw Shana Thomas of the First Nations Summit, Grand Chief Stewart Phillip, Chief Councillor Linda Innes, and Chief Marilyn Slett of the Union of British Columbia Indian Chiefs, and Regional Chief Terry Teegee of the BC Assembly of First Nations, concluded the document with a "simple message" to legislators.

"If you choose to support efforts to weaken these Acts and our co-developed framework for constitutionally required reconciliation, you are not avoiding legal risk - you are increasing it.

"First Nations around the province have made their position clear - attempts to unilaterally suspend or repeal DRIPA and the Interpretation Act will invite legal challenge. Those challenges will be grounded in constitutional law and the Province's own legislated commitments.

"The courts will be asked to determine not only the substance of the suspension but also the process by which it was imposed. This will result in increased legal uncertainty, significant financial burden to the Province, and further delay to the very economic and regulatory certainty that Premier Eby claims to be protecting."

The First Nations Leadership Council reminded MLAs of an alternative course of action.

"You can reject the course of colonial unilateral action and choose to uphold human rights and the honour of the Crown, and insist that the Province meets its legal obligations through good-faith negotiations with First Nations to improve the implementation of DRIPA as a key component of our co-developed principled framework for reconciliation," they wrote.

"The choice is yours; however, First Nations, the courts, investors - and your constituents - will judge it accordingly."