Tag Archives: Gitxaala Nation v. Chief Gold Commissioner of BC

Indigenous Nations, Politics

The Battle Over DRIPA & Land Claims

(The first in a series of articles about Indigenous consent, property rights and the future of DRIPA)

British Columbia is currently navigating a widening divide. On one side, the courts are handing down historic decisions affirming Indigenous rights. On the other, a growing wave of anxiety over private property and economic certainty. Today, we look at the fallout from the Gitxaala and Cowichan Tribes decisions—and the political battleground forming around the Declaration on the Rights of Indigenous Peoples Act (DRIPA). 

These are actually three separate topics: two court cases regarding the duty to consult before registering mining claims (Gitxaala versus British Columbia and the 2025 appeal); a court case regarding the Aboriginal title to an ancient village site that was sold out from beneath the Cowichan Tribes (Cowichan Tribes v. Canada); and DRIPA, the provincial legislative framework that formally adopts and implements the the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

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Indigenous Nations, Industry

BC at a Crossroads: Indigenous Leaders Defend Declaration Act Amid Mining Shift

By John Wirth, Alberta Native News, Local Journalism Initiative Reporter

(ANNews) – Indigenous leaders in British Columbia are calling on the provincial government to stand firm on the Declaration Act following a landmark court ruling and a 45% drop in new mining claims. As the province transitions to a new mineral tenure system in 2026, a debate is erupting over whether Indigenous rights are inflaming economic uncertainty – or curing it.

The tension follows a major December 2025 Court of Appeal ruling in the Gitxaała case. The court confirmed that the Declaration Act is not just a symbolic collection of goals, but a law that applies to all provincial decision-making – including the controversial Mineral Tenure Act (MTA).

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Indigenous Nations

‘Extremely offensive’: B.C. premier’s plans to change Indigenous Rights law met with frustration

By Shannon Waters & Matt Simmons, The Narwhal, Local Journalism Initiative reporters

In 2019, B.C. unanimously passed the Declaration on the Rights of Indigenous Peoples Act. It was celebrated as a major step toward working with First Nations in a better, more equal way.

But a court ruling earlier this month seems to be contributing to a change of heart for Premier David Eby. On Dec. 5, the British Columbia Court of Appeal ruled the government’s obligations under the Declaration Act are legally enforceable. Eby is now arguing judges shouldn’t be setting the province’s reconciliation agenda. And he says he is willing to change the law to make sure they can’t.

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Indigenous Nations, Industry

First Nation launches court challenge testing B.C.’s legal commitment to recognizing Indigenous rights

By Matteo Cimellaro, Canada’s National Observer, Local Journalism Initiative Reporter

An online form and $58.75.

That is what it takes to claim a mining stake in the traditional territory of the Gitxaała Nation, according to a written submission to the B.C. Supreme Court. At no point in the process does the mining claim, accessed through a provincial portal, ask the individual or company applying for it to consult with the nation. 

For this reason, the Gitxaała Nation is challenging B.C.’s Mineral Tenure Act in a case that will test whether the province’s legal commitment to recognizing the rights of Indigenous Peoples has the teeth to change laws. 

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