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ARTICLE · 29 DECEMBER 2025

UNDRIP Moves From Principle To Practice In BC Law: Key Takeaways From Gitxaala

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

CanadaGovernment, Public Sector
Maya Stano
Maya Stano
Paul Seaman
Paul Seaman
Elana Yamanouchi
Elana Yamanouchi
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On December 5, 2025, the British Columbia Court of Appeal released its decision in Gitxaala v. British Columbia (Chief Gold Commissioner), 2025 BCCA 430. This decision further moves the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) from principle to practice. It specifically confirms that UNDRIP, through BC's Declaration on the Rights of Indigenous Peoples Act (DRIPA), now actively shapes how all BC laws are to be read and applied, and that courts can declare provincial regimes inconsistent with UNDRIP.

Redefining UNDRIP's role in BC law

The dispute arose from an earlier version of BC's mineral tenure system, which at the time allowed automatic online registration of mineral claims without prior consultation. The BC Supreme Court found this breached the Crown's duty to consult under section 35 of the Constitution Act, 1982, and suspended its declaration to give the province time to redesign the regime.

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