Gitxaala Nation Disappointed That Courts Allowed Mining Claims to Continue, Despite Finding Process Unconstitutional

They say that the results of the challenge, launched by the Gitxaala Nation, proves what they’ve been fighting for years: that the system is outdated and in need of reformation.

In the decision, the Courts gave the Province 18 months to design a new mineral claims staking process which aligns with Indigenous rights.

That includes through meaningful consultation, which the old process of automatically approving anyone who purchased a claim, failed to do.

But members of the BC Mining Law Reform Network say they were disappointed to hear the Province argue the system didn’t negatively impact First Nations or the environment.

So to was Gitxaala Chief Councillor Linda Innes at the decision not to reverse any of the claims which led to the challenge in the first place.

It also leaves their territory, and that of the Ehattesaht First Nation who joined them in the challenge, open for more claims in the meantime.

Innes says the Nation is considering their options for further action.