VANCOUVER — The British Columbia government's outdated practice of granting mineral claims without Indigenous consent is a 'continuation of the Crown's efforts the dismantle Gitxaala's society,' a lawyer for the First Nation told a court.
VANCOUVER — The British Columbia government's outdated practice of granting mineral claims without Indigenous consent is a"continuation of the Crown's efforts the dismantle Gitxaala's society," a lawyer for the First Nation told a court.
The court challenge, which includes Gitxaała and Ehattesaht First Nations, marks the first legal test since the B.C. government adopted the Declaration on the Rights of Indigenous Peoples Act. "The reality is that the Mineral Tenure Act regime results in Indigenous Peoples being dispossessed of critical aspects of their title and rights to resources without any consultation or consent, which is clearly contrary to the articles of UNDRIP."
It is asking the court to quash seven mineral claims on Banks Island, south of Prince Rupert, and for the court to suspend claim staking in its territory. It also claims B.C.'s mineral grant regime doesn't allow the First Nation to use or develop the land. Gitxaala Chief Councillor Linda Innes said the nation is"very hopeful" the B.C. Supreme Court will side with it following a two-week hearing in Vancouver.
The BC Human Rights Commissioner, the First Nations Leadership Council, four First Nations, a group of non-profits and mineral exploration businesses will be intervening in the case, Gitxaała said in a news release.
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