BC Supreme Court found Declaration on the Rights of Indigenous Peoples Act is more of a 'interpretive aid' than a law
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: He gave the provincial government 18 months to resolve conflicts between the Mineral Tenure Act, Canadian laws governing the duty to consult, and DRIPA.
The Gitxaala in their appeal want the Appeal Court to rule that it does. Specifically, they seek a declaration that DRIPA applies to all laws in B.C.
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