B.C. Appeal Court Affirms UNDRIP’s Immediate Legal Effect, Finds Mineral Claims Regime Inconsistent

Overview

• The divided 3–2 ruling in Gitxaała Nation v. British Columbia partially overturned a lower court decision.
• The majority held that B.C.’s Declaration Act incorporates UNDRIP into provincial law with immediate effect, setting an interpretive standard for statutes.
• The court found the automated mineral-claims system, which lets free miners register claims without prior consultation, inconsistent with the Crown’s duty to consult.
• Eby said the province will review the decision, with amendments to DRIPA more likely than a Supreme Court appeal.
• Gitxaała leaders praised the decision, the Association for Mineral Exploration is assessing next steps, and B.C. Conservatives urged recalling the legislature to repeal DRIPA.