The BC Court of Appeal has delivered a historic decision confirming that the province’s Declaration on the Rights of Indigenous Peoples Act, or DRIPA, is legally enforceable. The ruling means that British Columbia can be taken to court if it fails to meet its obligations under the act, which incorporates the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, into provincial law.
The case was brought by the Gitxaała Nation in response to BC’s “free entry” mineral tenure system, a framework that allows mining claims to be registered automatically without consulting First Nations. The court found that this system is inconsistent with Article 32(2) of UNDRIP and stressed that the province must take this inconsistency into account when fulfilling its duty to consult Indigenous communities.
Gitxaała leaders have called the decision a major victory for justice and Indigenous rights. They say it provides a clear legal foundation for reforming the Mineral Tenure Act and moving toward a consent-based approach that respects First Nations’ laws, title, and jurisdiction. While the court did not provide a full interpretation of Article 32(2), the ruling sets an important precedent for how BC must uphold Indigenous rights under Canadian law.
The decision is expected to influence consultation processes and resource development across the province, ensuring that Indigenous voices are meaningfully included in decisions affecting their territories.
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