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ARTICLE · 04 MARCH 2026

UNDRIP Becomes Enforceable Law In BC: Key Takeaways From The Gitxaala Appeal Decision

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On December 5, 2025, the British Columbia Court of Appeal ("BCCA") released a landmark decision in Gitxaala v British Columbia (Chief Gold Commissioner), 2025 BCCA 430 ("Gitxaala").

CanadaEnvironment
Taylor Lanthier
Taylor Lanthier
Vanessa Rosteski
Vanessa Rosteski
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Introduction

On December 5, 2025, the British Columbia Court of Appeal ("BCCA") released a landmark decision in Gitxaala v British Columbia (Chief Gold Commissioner), 2025 BCCA 430 ("Gitxaala"). The judgment fundamentally reshapes how the United Nations Declaration on the Rights of Indigenous Peoples, UNGA, 33rd Sess., UN Doc A/RES/61/295 (2007) GA Res 61/295 ("UNDRIP") informs and influences provincial law in British Columbia.

In a significant development, the BCCA confirmed that BC's Declaration on the Rights of Indigenous Peoples Act, SBC 2019, c 44 ("DRIPA") incorporates UNDRIP into BC's positive law, giving it immediate legal effect as an interpretive standard across all provincial enactments. The Court further held that BC's online mineral claims registration system (the "Mineral Claims Regime" or the "Regime") is inconsistent with Article 32(2) of UNDRIP, as it permitted mineral claims to be granted without prior consultation with affected

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