Court Orders Consultation With First Nations Before Granting Mineral Claims In BC

In a landmark case, the British Columbia Supreme Court ("BCSC") has addressed the issue of whether the ‎Crown must consult Indigenous groups prior to registering mineral claims in BC. In the current system, ‎‎"free miners" stake claims online without any prior Crown consultation with potentially affected ‎Indigenous groups. As a result of this decision, BC's mineral tenure system will need to change.‎

Key takeaways

1. The BCSC found that the Crown owes a duty to consult Indigenous groups prior to granting mineral ‎claims to prospectors or "free miners" on lands on which Indigenous groups assert Aboriginal rights. ‎
2. The BCSC gave the province 18 months to consult with the mining industry and Indigenous groups to ‎modernize the mineral tenure system to address the Crown's duty to consult. This could mean changing ‎the way the Chief Gold Commissioner exercises discretion, or amending the Mineral Tenure Act.‎