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Gitxaala: A New Era for Enforcing UNDRIP Rights?

January 27, 2026 | Adam Wheeler, Partner, Indigenous Practice and Litigation & Dispute Resolution Departments, Fogler, Rubinoff LLP; Kate Babony, Associate, Indigenous Practice Department, Fogler, Rubinoff LLP

The British Columbia Court of Appeal's recent decision in Gitxaala v British Columbia (Chief Gold Commissioner) ("Gitxaala") dramatically increases the ability of Indigenous rights and title holders to use the United Nations Declaration on the Rights of Indigenous People ("UNDRIP") to advance and protect their interests. This article summarizes the decision and highlights two ways we have begun using this decision in our advocacy in British Columbia and across the country:

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