亚洲天堂

Skip to content

Gitxaa艂a Nation enters first-of-its-kind mineral rights challenge in B.C. Supreme Court

Legal action seeks to overturn mineral rights claims and suspend further claim in Gitxaa艂a territory
32312567_web1_230413-PRU-Gitxaala-Mining-rights-Gitxaala-Kitkatla_2
The Gitxaa艂a Nation is in the BC Supreme Court on April 3 for the first day of hearings in a legal challenge surrounding mineral rights in its territory and the enforceability of B.C.鈥檚 Declaration on the Rights of Indigenous Peoples Act (DRIPA).The coastline of Kitkatla is shown in June 2022. (Photo: K-J Millar/The Northern View)

A first-of-its-kind mineral court claim and legal action saw Gitxaa艂a First Nation (Kitkatla) in the B.C. Supreme Court for the first day of hearings on April 3.

The Court will begin hearing arguments from more than 15 different parties to consider the enforceability of B.C.鈥檚 Declaration on the Rights of Indigenous Peoples Act (DRIPA).

The Gitxaa艂a Nation first filed the legal challenge in October 2021 to dispute the provincial government鈥檚 鈥渇ree entry鈥 mineral staking procedures. It seeks to overturn multiple mineral claims granted by the Province on Lax k鈥檔aga dzol (Banks Island), which is in the heart of Gitxaa艂a territory, located between Prince Rupert and Kitimat.

It also seeks to suspend further claim staking in Gitxaa艂a territory.

Linda Innes, elected chief councillor of the Gitxaa艂a Nation, said at a press conference on the first day of the scheduled two-week hearing that the mineral claims process violates the government鈥檚 constitutional obligation to consult with Indigenous Nations. However, she is 鈥渧ery hopeful鈥 the B.C. Supreme Court will side with them.

鈥淚n their legal argument in our case, B.C. has the audacity to say that giving away mineral rights in our territory does not trigger the duty to consult. We disagree with that,鈥 she said before the court hearing began.

鈥淚t is time for the B.C. government to walk the talk by putting an end to this practice of granting mineral rights without consultation or consent from Indigenous nations in British Columbia,鈥 Innes said.

The Gitxaa艂a case sets out that the current process to obtain a mineral claim without Indigenous consultation or consent is outdated and unconstitutional under B.C.鈥檚 DRIPA and is also inconsistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Since Gitxaa艂a launched the case in October 2021, the provincial government has made public commitments to reform the mineral tenure regime, yet it has not changed its legal position and continues to fight Gitxaa艂a in court, a media statement from Gitxaala stated.

鈥淲hile proudly announcing its commitments to reconciliation, the Crown continues to argue in court that they have no legal obligation to make good on those commitments 鈥 and that is a problem that should be of serious concern to all residents of British Columbia, not just Gitxaa艂a,鈥 Innes said.

In Oct. 2021, Innes told The Northern View that, for $34, anyone with a computer has been able to acquire rights to traditional territory in an online registry. At the time, she said there were more than 41 claims for mining rights on Banks Island.

Bad mining practices, prospecting camps and mining operations have been polluting lakes and salmon streams that the Kitkatla Island population relies on, impacting the natural resources, medicines and people for generations, she said.

鈥淕itxaa艂a smgyigyet (hereditary leaders) have the responsibility to manage and protect our territories and resources according to the ayaawx (Gitxaa艂a laws). Our ayaawx expresses, among other things, the sacredness of our territory and the need to treat the environment with the greatest respect and to ensure proper treatment of our resources,鈥 said Gitxaa艂a Sm鈥檕oygit Nees Hiwaas (Matthew Hill).

鈥淏y giving away the mineral rights that are part of our territory, the Province has broken both our laws and their own,鈥 Nees Hiwaas said.

Innes said despite the reported progress and new relationships promised when the government signed the DRIPA into law, the Province continues to give away mining rights in the territory without consent.

鈥淭his impacts our ownership, governance and use of our lands and interferes with our right to make management decisions and to choose our own priorities,鈥 Innes said.

The case will be heard in tandem with a related legal challenge filed in June 2022 by the Ehattesaht First Nation that requested a judicial review challenging mineral claims in its territories.

The court will hear from the two First Nations as well as intervenors from four other First Nations, the First Nations Leadership Council, six environmental and community groups and two mineral exploration businesses.

The BC Human Rights Commissioner is also intervening in the case.


K-J Millar | Editor and Multimedia Journalist
Send K-J email
Like the on
Follow us on