First Nations Win DRIPA Appeal as Eby Weighs B.C. Mining Changes

Court says DRIPA and mining rules clash

The B.C. Court of Appeal has ruled that the province’s mineral claims system and its commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) do not line up. In a major decision, the court said B.C.’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) must be interpreted to give UNDRIP immediate legal effect in provincial law.​

Gitxaala Nation and Ehattesaht First Nation challenged B.C.’s automated mineral registry, arguing that letting “free miners” stake claims online without first consulting affected First Nations violates the Crown’s duty to consult. The court agreed that DRIPA and UNDRIP have real legal weight and cannot be treated as symbolic.​

First Nations hail ‘precedent-setting’ win

Gitxaala Nation called the ruling “precedent-setting” and a victory for all Nations, saying B.C.’s colonial mineral tenure system has finally been recognized as inconsistent with both Canadian law and UNDRIP. The First Nations Leadership Council and BC Civil Liberties Association said the judgment “breathes new life” into DRIPA and confirms that UNDRIP has substantive legal effect.​

Regional Chief Terry Teegee said the decision sends a “ground-shaking message” that DRIPA is legally binding and cannot be implemented through a unilateral Crown approach. B.C.’s Human Rights Commissioner Kasari Govender called the ruling “groundbreaking,” stressing that DRIPA and UNDRIP cannot be merely symbolic promises.​

Eby signals possible amendments after Surrey event

Premier David Eby says his government will closely review the ruling and is open to amending DRIPA to clarify how it should work. Speaking at an unrelated event in Surrey, he warned that the decision could put “courts in the driver’s seat instead of British Columbians,” and said amendments may be more likely than a Supreme Court appeal.​

Eby argued that elected representatives—not judges—should guide how B.C. implements UNDRIP, citing the importance of certainty for the province’s prosperity and resource sector. He said any changes would aim to reflect what the government intended when it first passed DRIPA in 2019 as the framework for reconciliation.​

Political and industry reaction

The Opposition B.C. Conservatives responded by calling on Eby to recall the legislature and repeal DRIPA altogether. They argue the law created “vague and undefined promises” that led to years of uncertainty for both Indigenous communities and industry, and say consultation must be done properly and upfront.​

The Association for Mineral Exploration, which intervened in the case, says it will study the ruling and consider whether an appeal is likely. For mining companies and investors, the decision raises immediate questions about how future claims will be handled and how deeply UNDRIP will shape B.C.’s resource regulations.​

What this means going forward

For First Nations, the ruling is a major step in forcing B.C. to match its words on reconciliation with concrete legal obligations. For government and industry, it signals that UNDRIP is not just an aspirational document but a standard that courts can apply when reviewing provincial laws and decisions.​

In Surrey and across the province, the next moves, whether amendments, appeals or new consultation rules will help determine how B.C. balances Indigenous rights, resource development and legal certainty in the years ahead.

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