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

Canada’s Supreme Court will hear the province of 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,” the CBC reported on Thursday. 

British Columbia’s Court of Appeal ruled in December that the provincial Declaration on the Rights of Indigenous Peoples Act (DRIPA) should be “properly interpreted” to incorporate UNDRIP into the laws of BC with immediate legal effect, CBC reported.  

The British Columbia Court of Appeal (BCCA) determined in the December ruling that the province’s Declaration on the Rights of DRIPA incorporates the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and creates legally enforceable obligations. 

The BCCA case, Gitxaala v. British Columbia (Chief Gold Commissioner), was a partial appeal by the Gitxaala and Ehattesaht First Nations, following a 2023 BC Supreme Court (BCSC) decision that ruled the province’s automatic online mineral claim system breached its constitutional duty to consult, but had limited interpretation of DRIPA.  

The province’s mining industry is also closely watching the implications of the recent court decisions tied to BC’s Declaration on the Rights of Indigenous Peoples Act, which mining executives say has created uncertainty around project approvals.  

BC’s Premier David Eby has been facing significant pressure and criticism regarding his handling of DRIPA and has been under fire for “flip-flopping” on plans to amend or suspend parts of the act. 

A hearing date has not been set.