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B.C. appeals court ruling on mineral rights and DRIPA.
Summary
British Columbia has applied to the Supreme Court of Canada to appeal a B.C. Court of Appeal decision that found the province's mineral claims regime inconsistent with the United Nations Declaration on the Rights of Indigenous Peoples as reflected in DRIPA. The provincial government says it will also begin discussions with First Nations and propose amendments to DRIPA during the next legislative session.
Content
British Columbia has asked the Supreme Court of Canada to hear an appeal of a December B.C. Court of Appeal decision that found the province's mineral claims rules inconsistent with the United Nations Declaration on the Rights of Indigenous Peoples as embodied in DRIPA. The province says the earlier ruling has created confusion about DRIPA's intent and has started talks with First Nations while preparing legislative changes. Premier David Eby said the government will both seek an appeal and move to amend the law. Applying to the Supreme Court does not guarantee the case will be heard.
Key facts:
- The province filed an application on Tuesday asking the Supreme Court to clarify the legal status of UNDRIP in B.C. law and the role of courts under DRIPA.
- A December 2025 B.C. Court of Appeal ruling found parts of the mineral claims regime were inconsistent with UNDRIP as reflected in DRIPA.
- Premier David Eby said the government will pursue both an appeal and legislative amendments and has opened discussions with First Nations.
- The original court challenge was brought by the Gitxaała and Ehattesaht First Nations, who argued the automatic online mineral claim system did not provide consultation with affected Nations.
Summary:
The province’s filing asks the Supreme Court to clarify how UNDRIP and DRIPA should be applied and interpreted. The immediate procedural steps are a leave application to the Supreme Court and planned amendments to DRIPA, with talks under way between the government and First Nations.
