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Banks Island, British Columbia, is one example of mining claims granted to a private entity without the nation’s knowledge or consent. Credit: Gitxaala Territorial Management Agency.
The province’s current Mineral Tenure Act permits anyone with a free miner certificate to acquire mineral claims online through an automated system in First Nations’ territories, without their consultation or consent. in Supreme Court seeking to overturn the province’s granting of multiple mineral claims from 2018 to 2020 on Banks Island, in their territory on BC’s northern coast.
Gitxaała and Ehattesaht had remaining concerns that the impacts on their rights found by the court would continue while MTA reform was underway and until a new regime was in place. The Nations filed appeals including requested orders to quash specific mineral claims and prevent new claim registrations until a consultation regime is in place. They have agreed not to proceed with those aspects of their appeals in light of protective measures enacted by the Province.
“These interim measures mean that instead of ongoing litigation that could have far more significant and longer-term impacts to the sector, we are instead able to focus on our work together to reform the act,” she said.
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