Question

the assignment is on pick any act, law or regulation only in british columbia and explain
what is wrong with it
how can it be fixed
which authority can change it
what is the process to change it

Answer 1

The Declaration on the Rights of Indigenous Peoples Act was implemented to align the British Columbia law with the UNDRIP-Universal Declaration on the Rights of Indigenous Peoples.

What is wrong with it?

• The law which looks like a transformative law and is aimed at the guidance of the industrial companies like the OG( Oil & Gas Organisation) in order to guide them in matters related to the indigenous people actually is a very broad law which may be inconsistent with the other Canadian laws. The law will create a set of challenges and impediments for the Canadian Legal system and some uncertainties for both the government and the indigenous people owing to the lack of alignment of the law with the Candian Legal System.
• The law which contains the cause of the FPIC or the Free-Prior& Informed Consent which states that no government or entity can act without the obtained consent of the Indigenous people as mandated by the UNDRIP & is incongruous to the Canadian Indigenous Rights regime which is based on the utilitarian principle of the greater good.
• The present laws and the new legislation will tend to create a situation of conflict between the indigenous people and the government.

How can it be fixed

The dilemma that exists between the Declaration on the Rights of Indigenous Peoples Act and the Indigenous Rights regime can lead to further complications and uncertainties owing to the broad definition that ensues with it. The overhaul of the Canadian Legal System in order to meet the requirement of the UNDRIP legalization seems bit far fetched and instead, the government can opt for a minor modification to the already existing law in order to meet some of the requirements of the UNDRIP and eventually it will be suited to the needs and the legal environment of British Columbia & Canada. Since the purpose is about the prevention of the conflict between the indigenous people and the Canadian government more mechanisms related to that prevention should be devised rather than increasing the conflict.

What is the process to change it

In order to change legislation, the process is similar to passing new legislation, i.e new legislation needs to be created and this bill will become an act on the basis of the votes received int he parliament. In order to the law the bill 1) Should be introduced in the Senate; 2) Pass on through the stages to become an act.