The Association for Mineral Exploration is responding to the recent BC Court of Appeal ruling in the Gitxaala Nation case, highlighting that the decision reinforces the importance of consultation with Indigenous communities in mineral exploration.
The court ruled that courts can assess whether the Mineral Tenure Act aligns with the UN Declaration on the Rights of Indigenous Peoples. It also found that the province’s current approach does not provide Indigenous communities with adequate consultation before mineral claims are granted. The ruling did not clarify whether Free, Prior, and Informed Consent is a mandatory obligation under the Declaration.
AME says its Mineral Claims Consultation Framework, which went into effect in March 2025, aligns with the court’s direction by providing early consultation measures while allowing mineral exploration to continue efficiently. The association emphasizes that the framework aims for consultation with the goal of consent, rather than imposing it as an absolute requirement.
AME President and CEO Todd Stone said the association is proud to have represented the industry’s voice in the case and will continue to carefully review the ruling as it monitors the possibility of an appeal to the Supreme Court of Canada.
AME represents over 6,000 members engaged in mineral exploration and development in British Columbia and globally, advocating for safe, responsible, and economically strong practices that respect Indigenous rights.
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