SERVING RESIDENTS AND COMMUNITIES FROM MIDDLE POINT TO EARLS COVE/EGMONT

LATEST NEWS

PHARA Achieves Major Victory as Government Rescinds Dock Regulation, But Concerns Remain

Community Support Leads to Significant Progress  

The Pender Harbour and Area Residents Association (PHARA) is pleased to announce a significant victory in our ongoing efforts to protect property rights in our community. The BC government has rescinded Order in Council 044/2022 – the order created under the Declaration on the Rights of Indigenous Peoples Act (DRIPA) that directed ministers to negotiate shíshálh Nation joint decision-making powers under the Land Act for dock tenures.

This achievement represents a major milestone in our advocacy work and directly validates the time, effort, and financial resources our community has invested in this initiative. The legal challenge we launched against the constitutional validity of DRIPA as it relates to dock permits has yielded tangible results.

Ongoing Concerns Require Continued Vigilance   

While we celebrate this important step forward, PHARA must caution that this is not the end of the matter. The government has actually doubled down on the use of DRIPA on the Sunshine Coast. Earlier this year, it released an “Addendum” to the shíshálh Foundation Agreement, committing to two more Orders in Council to give joint decision-making powers to the shíshálh Nation under DRIPA. Furthermore, the government has now committed to negotiate Aboriginal title in our area and explore items of “exclusive” shíshálh Nation decision-making. 

Evaluating Our Path Forward   

PHARA continues to support reconciliation in accordance with law and fairness for everyone. However, we maintain our position that the Declaration on the Rights of Indigenous Peoples Act is contrary to Canada’s constitution. Given these ongoing concerns and recent government actions, PHARA is currently evaluating next steps with our legal challenge to address these fundamental issues that will affect residents in our community in the future. 

Thank You for Your Support 

PHARA would like to express our sincere gratitude to all members who contributed to this cause through their membership dues, additional donations, and vocal support. Your commitment to preserving our community’s interests has made this victory possible, and your continued support will be essential as we navigate the next phases of our advocacy work. 

Donate to PHARA’s Litigation Against DRIPA