Gitxaala Nation’s Legal Challenge of BC’s Free-Entry Mineral Claims Staking Process Hits the Supreme Court Today

Court proceedings begin today in a legal challenge of BC’s mineral claims granting process launched by the Gitxaala Nation.

Filed in October of 2021, the case requests a review into seven mineral claims granted by the Province on the Nation’s territory.

But it also seeks to determine whether or not BC’s free-entry mineral claims staking process is in line with the Constitution and UNDRIP.

Under the current system, anyone can purchase a claim online for $1.75 per hectare, which is then granted automatically, without consultation.

That process is in contravention of UNDRIP, which the Province adopted in 2019, and requires free, prior, and informed consent from First Nations.

Two weeks of hearings will kick of in the BC Supreme Court in Vancouver today, with numerous interveners approved in January set to speak.