Dear Paov,
The first week of hearings just wrapped up today in Gitxaała Nation’s landmark legal challenge to BC’s mineral tenure regime. This ground-breaking case could change the future of mining in British Columbia – challenging the archaic system that currently grants mineral claims in Indigenous territories without consultation, consent or even notification.
As part of Gitxaała’s legal team, West Coast Environmental Law has been in the courtroom all week with Gitxaała leadership and allies supporting the case. Staff Lawyer Gavin Smith joined powerhouse lawyers from Ng Ariss Fong to make arguments against BC’s outdated mineral claim staking regime, which is completely out of step with both section 35(1) of the Constitution and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
Gitxaała’s case is the first to put BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) to the test. A successful court outcome could result in a much-needed overhaul of BC’s mineral claim regime – which we and many others across the province have been demanding for decades.
Our friends at RAVEN have been fundraising for Gitxaała’s case, and with the help of donors far and wide they’ve helped the Nation bring their legal challenge all the way to the BC Supreme Court.