In a landmark decision with significant implications for resource development, the British Columbia Court of Appeal has ruled that the provincial government must consult with First Nations before granting mineral rights on their territories. The ruling overturns a previous lower court decision and represents a major victory for Indigenous rights in the province.
A Victory for Indigenous Consultation
The case was brought forward by the Gitxaała and Ehattesaht First Nations, who challenged the province's automated online system for granting mineral claims. Under this system, prospectors could acquire rights to explore and extract minerals on Indigenous lands without any prior consultation with the Nations whose territories were affected.
Gitxaala Chief Councillor Linda Innes hailed the December 5, 2025, ruling as "an exciting victory not only for Gitxaała but for all nations." She stated that the current mineral tenure regime is an "out-of-date, colonial" system that violates Canadian law, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and Gitxaała laws themselves.
The legal battle has been ongoing for nearly five years, culminating in this decisive appeal court judgment.
The Judicial Split and the Role of UNDRIP
The ruling was delivered by a split panel of three judges. The majority decision was written by Justice Gail Dickson, with Justice Nitya Iyer in agreement. They found that B.C.'s automated mineral claims registry was "inconsistent" with both the provincial Declaration on the Rights of Indigenous Peoples Act (DRIPA) passed in 2019 and the international UNDRIP.
Justice Dickson wrote that the lower court judge in 2023 had "adopted an unduly narrow approach" to the legal effect of DRIPA. That earlier decision had concluded that UNDRIP was merely an international declaration and that courts could not rule on whether provincial laws were inconsistent with it.
In a dissenting opinion, Justice W. Paul Riley argued that the judicial branch was not called upon by DRIPA to adjudicate claims of inconsistency between UNDRIP and B.C. laws, suggesting that doing so would take the court outside its proper constitutional role.
Implications and Calls for Legislative Change
The decision forces a fundamental shift in how mineral rights are allocated in British Columbia, particularly on unceded Indigenous territories. It underscores the legal duty to consult, which is a cornerstone of reconciliation efforts and Canadian constitutional law.
Following the ruling, Chief Councillor Innes called on the B.C. government to collaborate with First Nations to overhaul the B.C. Mineral Tenure Act. The goal is to create a modern system that respects Indigenous rights and laws from the outset, rather than operating on a "free entry" model that has been in place since the colonial era.
This ruling aligns B.C. more closely with the principles of UNDRIP, which Canada has endorsed. UNDRIP affirms the rights of Indigenous peoples to self-determination and to have control over developments affecting their lands and resources.
The judgment sets a powerful precedent, indicating that provincial laws and administrative systems must be designed and implemented in a way that upholds the rights affirmed in DRIPA and UNDRIP, moving beyond symbolic adoption to substantive legal effect.
