The B.C. Supreme Court ruled Tuesday that the province's system of granting mineral rights to mining companies violates Indigenous rights. The government has been given one-and-a-half years to fix the system.
The Banks Island Gold mine, on Gitxaała Nation territory in northern B.C., was ordered to cease operations in 2015 and its operator filed for bankruptcy the next year. The nation says it was not consulted on companies' applications under B.C.’s Mineral Tenure Act.The province's current system, at issue in the case, automatically grants mineral claims to industry applicants who submit a request through a government website.It ordered B.C.
The two communities behind the case, Gitxaała Nation and Ehattesaht First Nation, called the ruling a massive victory for Indigenous people in the province, forcing the government to consult with them as it creates a new system. Innes took issue with the fact the court did not cancel the existing mining permits Gitxaała was challenging on its land, which she said "leaves our territory open" to continued exploitation without her nation's consent.
"Our goal is to ensure the mineral claim staking process remains competitive and efficient ... while respectful of the rights of Indigenous Peoples," said association president Keerit Jutla.CEO of defunct northwest B.C. mining company found guilty of environmental violations"First Nations consent needs to be the foundation of a modern mining regime in B.C.," Jessica Clogg, executive director of West Coast Environmental Law, told CBC News in an interview.
DRIPA, according to the government, "mandates the government to bring provincial laws into alignment with the UN Declaration." But in his ruling, Justice Ross said he did not find that B.C.'s legislation in fact enshrined UNDRIP in the province's legal system, stating he could rely on it as an "interpretive aid" only in his judgment.
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