Province Seeks Supreme Court Review of Mineral Rights Ruling
British Columbia has formally asked the Supreme Court of Canada to hear an appeal of a major Court of Appeal decision that found the province’s mineral claims system conflicted with its own Indigenous rights law. The case centers on whether British Columbia must consult First Nations before issuing mineral rights on Crown land.
The province filed its application with Canada’s top court this week, saying the earlier ruling has created “confusion” about how the provincial Declaration on the Rights of Indigenous Peoples Act (DRIPA) should be interpreted and applied.
Background: Gitxaala First Nation Victory
The legal battle began with Gitxaala First Nation and the Ehattesaht First Nation challenging the way mineral claims are granted under the province’s Mineral Tenure Act. Traditionally, B.C.’s online system has let “free miners” register claims to mineral rights without notifying or consulting First Nations whose traditional territories are affected.
In December 2025, the B.C. Court of Appeal agreed with the First Nations, ruling that the system was inconsistent with DRIPA and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) because it did not require meaningful consultation before claims were issued.
The decision was seen as significant because it appeared to give the United Nations declaration real legal force within British Columbia law — something many Indigenous leaders have fought for.
Province Says Clarification Is Needed
Premier David Eby and government lawyers argue that the appellate court’s interpretation has blurred the lines between legislation and judicial authority — potentially leaving courts, rather than elected lawmakers, responsible for interpreting DRIPA and its requirements.
B.C.’s appeal to the Supreme Court says the province needs clarification on how UNDRIP and DRIPA interact with existing laws, such as the Mineral Tenure Act. The province states that reconciliation and “core democratic values” are at stake if the decision stands without further review.
What the First Nations Say
Gitxaala and Ehattesaht leaders have welcomed the appellate decision, arguing that the current system treats their territories as though Indigenous rights and interests don’t exist. They say mineral claims issued without consultation undermine their rights and sovereignty and that the law must change to protect Indigenous communities.
Their case highlights long-standing criticism of the “free entry” claim system, which allows prospectors to claim mineral rights online with minimal steps and no requirement to inform or consult First Nations, even if the lands are culturally significant.
Next Steps and Broader Impact
The Supreme Court of Canada’s decision on whether to hear the appeal will be closely watched. Agreeing to hear the case could reshape how DRIPA is applied across British Columbia and clarify how UNDRIP influences provincial laws.
If the court declines to hear the appeal, the appellate ruling stands, and B.C. may have to overhaul how it issues mineral rights — potentially affecting thousands of future claims across the province.
Observers say the case could influence other Indigenous rights disputes in Canada, especially those involving resource development and consultation duties. The outcome may affect not only mining interests but broader discussions about Indigenous participation in natural resource decision-making.
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