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ARTICLE · 12 OCTOBER 2023

Gitxaala v. British Columbia And The Impact On Mineral Tenure

Borden Ladner Gervais LLP
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The Sept. 26, 2023 ruling of the British Columbia Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner) will have profound effects on the province's...

CanadaGovernment, Public Sector
Chris Roine
Chris Roine
Graeme Martindale
Graeme Martindale
Claudia Wheler
Claudia Wheler
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The Sept. 26, 2023 ruling of the British Columbia Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner) will have profound effects on the province's approach to authorizing mineral tenures in British Columbia. Mineral exploration in B.C. is regulated under the Mineral Tenure Act, R.S.B.C. 1996, c. 292 (MTA). Under the MTA, "free miners" are entitled to register a "mineral claim" over unclaimed Crown land. The holder of a mineral claim (the recorded holder) is granted various rights, including the right to explore and dig up the claim area to search for minerals.

The Gitxaala Nation and Ehattesahet First Nation (the petitioners) argued that the current mineral tenure system in British Columbia operates in contravention of the Crown's duty to consult with First Nations and adversely affects their asserted aboriginal rights.

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