The court gave the provincial government 18 months to develop a constitutionally compliant system.
heard in April-May. They aimed to overturn several mineral claims the province sanctioned on Lax k’naga dzol in Gitxaała territory, near Prince Rupert. These claims went forward without notifying, obtaining consent, or consulting the Gitxaała Nation. The current system automatically lets B.C. award mineral claims to miners through an online portal.
In response to the Court’s decision, Gitxaała Chief Councillor Linda Innes said, “The ruling confirms our long-standing position: B.C. must engage with Gitxaała and other Indigenous communities before granting mineral claims in our territories. The province must quickly correct its current approach, which dismisses our rights without consultation or consent.”
“B.C.’s mining regulations urgently need reform, a fact both the provincial government and the Court now recognize. We are concerned about the Court’s mild treatment of DRIPA in its decision, but this ruling unmistakably changes the status quo. Future reforms to B.C.’s mineral tenure system must align with UNDRIP – there’s no turning back,” , said Gitxaała’s Sm’ooygit Nees Hiwaas .
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