British Columbia appealing judicial decision on Indian consultation for mining rights

[Ben Graham]

The British Columbia government is appealing a court decision requiring consultation with First Nations before granting mineral exploration rights on traditional territories.

In an interview with the Vancouver Sun, Premier David Eby stated the December 2025 ruling, which favoured the Gitxaała and Ehattesaht First Nations, has created uncertainty around B.C.’s Declaration on the Rights of Indigenous Peoples Act (DRIPA).

The appeal to the Supreme Court of Canada, filed February 3, argues the appeals court misinterpreted DRIPA when ruling the Mineral Tenure Act violates consultation duties.

The government contends the judgment risks elevating the United Nations Declaration on the Rights of Indigenous Peoples to “quasi-constitutional status” and creating a “parallel universe of litigation.”

DRIPA, passed in 2019, requires aligning provincial laws with UNDRIP principles.

British Columbia court rules Indigenous rights legally enforceable in mineral claims staking

Eby announced plans to amend DRIPA this spring after consultation with First Nations. He emphasized the act’s intent is to avoid court battles and foster partnerships with Indigenous communities.

Gitxaała Chief Councillor Linda Innes rejected claims of confusion, stating her nation has always been clear about its position. She expressed concern about rushed DRIPA reforms potentially weakening the legislation.

Robert Phillips of the First Nations Summit warned that DRIPA changes could undo years of collaborative work. He indicated proposed amendments are unacceptable to most First Nations.

Conservative Indigenous relations critic Scott McInnes accused Eby of “gaslighting the public” and backtracking due to shifting public opinion on reconciliation. The Conservative party maintains its position that DRIPA should be fully repealed.