British Columbia to suspend parts of Indigenous rights law

Colin McClelland | April 6, 2026 | 8:09 am Aboriginal Issues Regulatory Issues Canada Copper Gold

First Nation Totem in British Columbia, Canada.

First Nation Totem in British Columbia. Credit: Adobe Stock Image

British Columbia Premier David Eby is proposing a temporary suspension of parts of landmark Indigenous rights law after a court ruling found BC’s mineral claims system conflicts with it.

The pause would apply only to sections of the law tied to legal risk raised by the December BC Court of Appeal decision in the Gitxaała First Nation case, Eby told reporters April 2. He first raised the prospect of amending the law in December after the ruling.

British Columbia appealing court ruling on Indigenous consultation for mining rights

Eby is now calling the temporary step the least invasive option while the province seeks a final ruling from the Supreme Court of Canada, a process he said could take up to three years.

The appeal court found BC’s online mineral claims system, which allows prospectors to register claims on Crown land without prior consultation, was inconsistent with the Declaration on the Rights of Indigenous Peoples Act, or DRIPA. The decision heightened concern that other provincial laws could face similar challenges, complicating Eby’s broader push to accelerate mine development as part of his economic strategy.

Amendments

Eby said his government will move to amend DRIPA during the current legislative session and will treat the vote as a matter of confidence. With just over 20 sitting days left and a narrow majority, the proposal sets up a high-stakes political fight that could further strain relations with First Nations already frustrated by recent setbacks in BC’s reconciliation agenda.

The Vancouver-based Association for Mineral Exploration (AME) didn’t immediately reply to a request for comment sent outside of business hours. It has urged the province to clear a backlog of minerals claims ahead of the 2026 summer season. Only 15% of applications have been processed within the government’s 90-to-120-day service standard, the AME said March 25.

“More expeditious consultation with First Nations must be prioritized with government taking a lead role to assist First Nations with the capacity needed to achieve service standards,” AME president and CEO Todd Stone said in a statement.

“If we’re going to capitalize on the current commodity cycle and explore for the minerals we need for the future, we need the government to double down on its efforts to solve this issue today.”