The Supreme Court of Canada has decided to hear the BC government’s appeal of a precedent-setting lower court decision on indigenous mineral rights and the legal applicability and interpretation of the BC Declaration of Indigenous Rights Act (DRIPA).
In December, the BC Court of Appeal ruled in favor of the Gitxaała and Ehattesaht First Nations, who argued that the province’s mining claims system affects Indigenous rights and is inconsistent with DRIPA.
This will be the first time Canada’s highest court will weigh in on the controversial B.C. drip legislation.
“Gitxaała brought our mineral tenure issue because BC’s outdated, colonial mineral tenure regime is inconsistent with Canadian, international and Gitxaała law,” Gitxaała’s elected and hereditary leadership said in a statement Thursday.
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“The UN Court of Appeal agreed with us and we are confident that justice will prevail at the Supreme Court of Canada.”
First Nations say the case carries major implications for how DRIPA is implemented, not just in BC, but across the country.
BC Premier David Eby said the case offers the province two avenues to resolve issues surrounding DRIPA.
“So we’re open to other ways to provide that security and what is the part that we have to give though, is that answer to how do we move forward, how do we provide that security, maybe through the court, maybe through negotiations,” he said.
“We’re not going to close any doors. The goal here is just to find that safety.”
The Supreme Court does not give reasons for accepting cases.
Oral arguments are expected within months, with a possible decision later next year.
Until then, it remains uncertain how far DRIPA reaches in BC law.
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