Supreme Court of Canada to hear BC appeal over Indigenous rights and mineral claims

Canada’s Supreme Court of Canada plans to hear British Columbia’s appeal of a ruling that found the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) at odds with the province’s mineral claims regime, the CBC reported on Thursday.

A hearing date has not been set.

British Columbia’s Court of Appeal ruled in December that the Declaration on the Rights of Indigenous Peoples Act (DRIPA) must be interpreted in a manner consistent with UNDRIP, requiring provincial laws — including the mineral tenure system — to align with its principles.

The court found B.C.’s online staking system, which allows prospectors to register claims on Crown land without prior consultation, did not meet those requirements. The province’s mining industry is closely watching the implications of the rulings tied to DRIPA, which executives say has created uncertainty around project approvals.

Duty to consult

The case, Gitxaala v. British Columbia (Chief Gold Commissioner), was a partial appeal by the Gitxaala and Ehattesaht First Nations.

It followed a 2023 decision by the Supreme Court of British Columbia that found the system breached the province’s constitutional duty to consult, while taking a narrower view of DRIPA.

B.C. Premier David Eby has faced criticism over his handling of the legislation, including shifting positions on potential changes to the act.