British Columbia First Nations go to court to challenge province’s mineral claim regime

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At the heart of the case is the free entry mineral claim system that allows anyone to file a mineral claim without notifying or engaging with First Nations – something First Nations speaking at a press conference Thursday said breaches the spirit of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) and the United Nations Declaration on the Rights of Indigenous People (UNDRIP) on which it is based.

Last year, the Gitxaala First Nation filed a judicial review over mineral claims in its traditional territory on Banks Island. In June this year, the Ehattesaht First Nation also filed a similar judicial review challenging mineral claims in their traditional territory. The two First Nations have agreed to have both reviews tried at the same time.

The case is scheduled to be heard in April 2023. The B.C. government is contesting the judicial review.

“Unfortunately, the legal representatives from the province of B.C. have…

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