Mineral Claims, the Duty to Consult and UNDRIP: Findings in the Gitxaala Case

  • October 27, 2023
  • Brianne Paulin, associate, Aldridge + Rosling LLP

In Gitxaala v. British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (“Gitxaala”), the petitioners, which are First Nations who assert rights within British Columbia, argued that the current mineral tenure system in the province adversely affects their asserted rights as: (i) it operates in contravention of the Crown’s duty to consult with First Nations, and (ii) the Act is inconsistent with the rights recognized in the Declaration on the Rights of Indigenous Peoples Act (“DRIPA”) and the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”).