Gitxaala Nations’ legal battle against B.C. finds mineral claims process in violation of DRIPA

BC’s mineral claims laws are headed back to the drawing board thanks to an historic court win by the Gitxaala Nation.

They had filed a challenge of the province’s system in October of 2021, alongside a review into several claims on their territory.

It sought to determine whether or not the free-entry claims process violates Indigenous rights to provide free, prior and informed consent.

Through the online system, anyone could purchase a claim for $1.75 per hectare which was granted automatically without consultation.

Justice Allan Ross has now determined the province’s system violates the Constitution and BC’s Declaration on the Rights of Indigenous People.

He has given the province 18 months to install a new system which includes meaningful consultation with First Nations.

Despite finding the system unconstitutional, the ruling allows it to remain in place until the new one is developed, and it will not impact permits already granted.

The judgement is also the first to substantially consider the legal impacts of the Declaration, and was made in tandem with a similar challenge from the Ehattesaht First Nation.