Nation returns to court to ensure no mineral rights without consent
LAX KLAN / KITKATLA, Gitxaała Territories, BC – Today a panel of three judges of the BC Court of Appeal will begin to hear arguments in a partial appeal of the BC Supreme Court decision in Gitxaała v. British Columbia (Chief Gold Commissioner). This will be the first time an appellate court is asked to rule on the legal enforceability and interpretation of BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA).
In September 2023, the BC Supreme Court declared that BC’s current online system for automatic registration of mineral claims without consultation breaches the Crown’s constitutional obligations. But the Court also agreed with BC that DRIPA was not “justiciable” (not legally enforceable by a court).
“BC’s Mineral Tenure Act is an outdated, colonial law and part of a regime that is at odds with the rights
affirmed in the United Nations Declaration on the Rights of Indigenous Peoples, committed to by the Provincial government, and our Gitxaała laws; malsk, adaawx, ayaawx and gugwilx’ya’ansk,” said Gitxaała Sm’ooygit Nees Hiwaas (Matthew Hill). “It is dishonorable of BC to claim that it has no legal duty to remedy this situation, after all the fanfare when DRIPA was passed.”
Section 3 of DRIPA reads: “In consultation and cooperation with the Indigenous peoples in British Columbia, the government must take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration.”
“We have brought this appeal to ensure UNDRIP’s minimum standards are upheld in an overhaul of BC’s
mineral tenure regime, and applied to interpret all BC laws, including the common law duty to consult,” said Gitxaała Chief Councillor Linda Innes. “This means no mineral rights without our consent.”
“BC fought against its own law in the lower court, leaving us little choice but to appeal,” added Chief Innes. “This case will decide whether DRIPA is legally enforceable or merely another political promise that BC may or may not fulfill.”
In addition to the appellants, Gitxaała Nation and Ehattesaht First Nation, there are several intervenors in the case: the BC Human Rights Commissioner, First Nations Leadership Council, BC Civil Liberties Association, Cheona Metals and the Association of Mineral Exploration
The appeal is to be broadcast – link available via the BC Courts website (Courtroom 60).
To arrange interviews with Gitxaała leadership, please contact:
Courtney Halvorson, Gitxaała Territorial Management Agency
E: planner.gtma@gitxaalanation.com C: 778-677-7250
Additional resources: Legal backgrounder (attached)
