The Court granted the Province 18 months to consult with Indigenous Peoples and the minerals industry in order to modernize the mineral tenure system in a manner that aligns with the principles of the Declaration on the Rights of Indigenous People Act (DRIPA).
Last month, the British Columbia government announced new interim measures will place restrictions on mineral claim registrations and mining activities in Gitxaała Nation and Ehattesaht First Nation territories, while the province works to modernize BC’s Mineral Tenure Act.
Critics have long challenged the current Mineral Tenure Act, which permits anyone with a free miner certificate to acquire mineral claims online through an automated system in First Nations’ territories, without their consultation or consent.
Gitxaala Nation opposes mineral claims
In October 2021, the Gitxaala Nation filed a legal challenge in Supreme Court seeking to overturn the province’s…


