Supreme Court of Canada to decide whether to hear B.C. appeal in mineral claims case
The justices will decide whether to review a ruling that said B.C.'s mineral claims system and UNDRIP are inconsistent.
- Canada's Supreme Court agreed on Thursday to hear British Columbia's appeal of a December ruling that found the provincial mineral claims regime "inconsistent" with the United Nations Declaration on the Rights of Indigenous Peoples.
- In December, the Court ruled the Indigenous Peoples Act must be "properly interpreted" to incorporate UNDRIP into provincial law, a decision the Gitxaala Nation and Ehattesalt First Nation called "precedent-setting."
- The First Nations argued that an automated online registry allowing "free miners" to register claims on Crown land without prior consultation violated the Crown's duty to consult under Canada's Constitution.
- Premier David Eby criticized the ruling, stating it "potentially puts courts in the driver's seat instead of British Columbians." Eby asserted elected representatives must control the province's prosperity and legal certainty.
- The 2019 Indigenous Peoples Act established the United Nations Declaration as a "framework for reconciliation," creating the legal foundation now before the Supreme Court. No hearing date has been set; a judgment likely won't arrive until late 2027.
58 Articles
58 Articles
Supreme Court to hear appeal in B.C. mineral claims case
British Columbia’s Attorney General said her government may still bring forward legislation to amend key parts of the Declaration on the Rights of Indigenous Peoples Act, even as the Supreme Court of Canada will hear the province’s appeal of a landmark ruling. Niki Sharma, who is also B.C.’s deputy premier, says her government is very pleased that Canada’s highest court will hear British Columbia’s appeal of a ruling that found the United Nation…
Supreme Court of Canada to hear B.C. DRIPA case - Creston Valley Advance
The Supreme Court of Canada will hear the B.C. government’s appeal of the Gitxaala decision, which relied on the Declaration on the Rights of Indigenous Peoples Act (DRIPA) to invalidate parts of the Mineral Tenure Act. The court will review the Dec. 5 decision from a three-judge panel of the B.C. Court of Appeal found that the online claiming process set out in the Mineral Tenure Act does not provide adequate consultation with impacted First Na…
Supreme Court of Canada to hear appeal in British Columbia mineral claims case
The Supreme Court of Canada will hear British Columbia’s appeal of a ruling that found the United Nations Declaration on the Rights of Indigenous Peoples and the provincial mineral claims regime are “inconsistent.”
Supreme Court of Canada to hear B.C. DRIPA case - Fort St. James Caledonia Courier
The Supreme Court of Canada will hear the B.C. government’s appeal of the Gitxaala decision, which relied on the Declaration on the Rights of Indigenous Peoples Act (DRIPA) to invalidate parts of the Mineral Tenure Act. The court will review the Dec. 5 decision from a three-judge panel of the B.C. Court of Appeal that found the online claiming process set out in the Mineral Tenure Act does not provide adequate consultation with impacted First Na…
Supreme Court of Canada to hear B.C. DRIPA case - Grand Forks Gazette
The Supreme Court of Canada will hear the B.C. government’s appeal of the Gitxaala decision, which relied on the Declaration on the Rights of Indigenous Peoples Act (DRIPA) to invalidate parts of the Mineral Tenure Act. The court will review the Dec. 5 decision from a three-judge panel of the B.C. Court of Appeal that found the online claiming process set out in the Mineral Tenure Act does not provide adequate consultation with impacted First Na…
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