Gitxaała Nation Files Appeal of Portions of Supreme Court Order Refusing to Revoke Current Mineral Claims

While they agree with one major portion of the ruling, the Gitxaała Nation is filing an appeal of other parts of a recent BC Supreme Court decision.

Last month, the courts ruled that BC’s free-entry mineral claims staking process was outdated and violated the province’s own laws.

In their decision, the courts gave the Province 18 months to design and implement a new process which aligns with Indigenous rights.

But, despite ruling that the current system violated the Declaration on the Rights of Indigenous Peoples Act, they allowed it to remain in the interim.

In addition, they refused to revoke several claims already issued, which the Gitxaała Nation had contested in the same legal challenge.

Now, the Nation has launched a partial appeal of those two issues, as well as the decision that DRIPA is not legally enforceable.

Despite that, the Nation is accepting the portion of the ruling requiring the government to design a modern system which encorporates free prior and informed consent.