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The Gitxaala First Nation is appealing a recent BC Supreme Court decision that found, among other things, that the United Nations Declaration on the Rights of Indigenous Peoples has no force in law in B.C.
The Gitxaala and the Ehattesahet First Nations had gone to court over B.C.’s Mineral Tenure Act. Their main concern was that mineral claims can be granted without the consent or even knowledge of First Nations. They had asked the court for: BC Supreme Court Justice Alan Ross did agree that the province has a duty to consult First Nations even at the earliest stages of mineral exploration – the filing of a claim – but refused to grant the injunctions sought or quash claims already issued.
In his ruling, Ross found that DRIPA is more of an “interpretive aid” than a law. He said DRIPA does not implement UNDRIP into domestic law.
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