Judge finds province has duty to consult First Nations on mineral tenure claims

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VANCOUVER — A British Columbia Supreme Court judge has given the province 18 months to fix its mineral rights system after a court challenge by First Nations who claimed they were owed a duty to consult under the Constitution.

In October 2021, the Gitxaala Nation filed a petition challenging the province's online mineral tenure registry, which automatically granted mineral rights on its territory without consultation.

However, Justice Alan Ross found the province's Chief Gold Commissioner was"simply wrong" to claim that it wasn't in their power to consult with First Nations on granting mineral rights. He found that the First Nations were not entitled to any court-granted relief under the UN declaration or B.C.'s legislation that adopted it.

Gitxaała Chief Councillor Linda Innes said in a statement Tuesday that the nation"knew all along" that the province was duty-bound to consult Indigenous Peoples about mineral claims on their territories.

 

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