On January 20, Gitxaała Nation will return to the BC Court of Appeal, challenging a ruling on the Declaration on the Rights of Indigenous Peoples Act (DRIPA). The Nation is seeking to ensure that DRIPA is legally enforceable, requiring all BC laws to align with UNDRIP, especially when it comes to mineral rights and mining activities on Indigenous territories.
This legal battle follows a favorable ruling in 2023 when the BC Supreme Court found that BC’s practice of granting mineral claims without consultation violated constitutional duties to Gitxaała. As a result, the province agreed to suspend new mineral claims on Gitxaała’s land for several years. However, the court did not support the argument that DRIPA mandates all laws in BC to comply with UNDRIP.
The upcoming appeal aims to set a precedent for Indigenous rights in the province and ensure First Nations have the legal tools to hold the government accountable. Gitxaała, alongside other Nations, is working to guarantee that BC upholds its DRIPA commitments and respects Indigenous peoples’ rights. A solidarity rally will be held on January 20 at 9 a.m. at the Law Courts building in Vancouver, supporting Gitxaała’s push for stronger protections for Indigenous lands.
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