In October 2021, the Gitxaała Nation filed a legal challenge in Supreme Court seeking to overturn the province’s granting of multiple mineral claims from 2018 to 2020 on Banks Island, in their territory on BC’s northern coast.
The Gitxaała claimed they never consented to issuance of claims, were not consulted, and were never notified of the pending decisions. The lawsuit asked the province to invalidate existing claims and suspend staking in Gitxaala territory.
The court began hearing arguments in April 2023 and in September ruled that the province must consult with Indigenous groups before granting mineral claims, upholding the Crown’s duty.
The judge found that the Province owes a constitutional duty to consult with First Nations prior to registering mineral tenures under the MTA and that there are negative impacts to Gitxaała Nation’s and Ehattesaht First Nation’s territories and rights from registration of…
