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ARTICLE · 08 NOVEMBER 2023

BCSC Finds UNDRIP Not Implemented Into BC Law

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On September 27, 2023, the British Columbia Supreme Court (BCSC) released its decision in Gitxaala v. British Columbia (Chief Gold Commissioner) (Decision).

CanadaGovernment, Public Sector
Arend Hoekstra
Arend Hoekstra
Aaron Cressman
Aaron Cressman
Jake Farrow
Jake Farrow
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OVERVIEW

On September 27, 2023, the British Columbia Supreme Court (BCSC) released its decision in Gitxaala v. British Columbia (Chief Gold Commissioner) (Decision). The Decision addressed the claims of two First Nations (First Nations) that British Columbia's (BC or the province) free entry mineral tenure regime, set out under the Mineral Tenure Act (MTA),1 was inconsistent with the Crown's duty to consult and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its associated provincial legislation,2 the Declaration on the Rights on Indigenous Peoples Act (DRIPA).3 For more information on the duty to consult aspects of the Decision, see our recent update.

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