Gitxaala First Nation appeals BC Supreme Court decision on UNDRIP – by Nelson Bennett (Business in Vancouver/ – October 26, 2023)

The Gitxaala First Nation is appealing a recent BC Supreme Court decision that found, among other things, that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has no force in law in BC.

The Gitxaala also want the Court of Appeal to do what the BC Supreme Court refused to do – quash several mineral claims in their traditional territories.

The Gitxaala and the Ehattesahet First Nations had gone to court over BC’s Mineral Tenure Act. Their main concern was that mineral claims can be granted without the consent or even knowledge of First Nations. They had asked the court for:

-An injunction halting any further mineral claims being granted in their territories without their consent;
-The quashing of several claims already issued; and
-A declaration the Mineral Tenure Act is inconsistent with UNDRIP and DRIPA.

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