SURREY - British Columbia Premier David Eby announced that his government will evaluate a recent court ruling that raises concerns about the Declaration on the Rights of Indigenous Peoples Act (DRIPA). Eby indicated that amendments to the legislation may be necessary following the B.C. Court of Appeal's decision, which involved the Gitxaala and Ehattesaht First Nations challenging the province's mineral tenure system.

The court ruling, released on Friday, highlighted inconsistencies between the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the province's mineral claims regime. The court stated that the provincial law should be interpreted to incorporate UNDRIP into British Columbia's legal framework with immediate effect.

The First Nations argued that the automated online registry allowing “free miners” to register claims on Crown land without prior consultation with affected Indigenous communities violated the Crown's duty to consult. Gitxaała Chief Councillor Linda Innes expressed her satisfaction with the ruling, calling it an exciting victory for all Indigenous nations. "We have said all along that B.C.’s out-of-date, colonial mineral tenure regime violates Canada’s own laws, the UN Declaration on the Rights of Indigenous Peoples and our Gitxaała laws. Now B.C.’s highest court has agreed," she stated.

Innes also expressed a desire to collaborate with the provincial government and other stakeholders to implement the court's decision. The Association for Mineral Exploration participated in the case as an intervener. Its president, Todd Stone, stated that the organization would review the ruling and consider the possibility of an appeal.

Eby mentioned that while the government could appeal to the Supreme Court of Canada, it is more likely to pursue legislative amendments. "It is absolutely crucial that it is British Columbians through their elected representatives that remain in control of this process, not the courts," he said during an unrelated event in Surrey. He emphasized the importance of clarity in the legislation for the province's prosperity and future certainty.

The Opposition B.C. Conservatives responded to the ruling by urging Eby to recall the legislature to repeal the provincial legislation. Scott McInnis, deputy critic for Indigenous relations and reconciliation, criticized the government's approach, stating, "This ruling highlights exactly what happens when government tries to legislate reconciliation through vague and undefined promises. British Columbians deserve certainty and transparency. Indigenous communities deserve meaningful consultation that is done properly and up front. Instead, the BC NDP built a system that ran on autopilot, then created years of legal uncertainty for everyone."