Court of Appeal ruling exposes BC NDP confusion on DRIPA and mineral staking, Conservatives call on Premier to recall the legislature so DRIPA can be repealed

“British Columbians deserve laws that are clear, democratic, and workable, and reconciliation must be built through real engagement and practical outcomes, not legal ambiguity" ~~ Scott McInnis, MLA for Columbia River-Revelstoke, Deputy Critic for Indigenous Relations and Reconciliation


A BC Court of Appeal ruling has confirmed that courts can enforce key parts of the Declaration on the Rights of Indigenous Peoples Act. It also found that the province’s online mineral claim registration system was inconsistent with UNDRIP because it allowed automatic staking without first requiring consultation and cooperation with affected Indigenous peoples.

The case was brought by the Gitxaala Nation and Ehattesaht First Nation, challenging the online system on the basis that it excluded First Nations and undermined the Crown’s duty to consult. In a two to one decision, the Court of Appeal overturned the lower court’s conclusion and said the judge “erred in adopting an unduly narrow approach,” confirming that consistency between the mineral claims regime and UNDRIP is a justiciable question the courts can decide.

“This ruling highlights exactly what happens when government tries to legislate reconciliation through vague and undefined promises,” said MLA Scott McInnis, Deputy Critic for Indigenous Relations and Reconciliation. “British Columbians deserve certainty and transparency. Indigenous communities deserve meaningful consultation that is done properly and up front. Instead, the BC NDP built a system that ran on autopilot, then created years of legal uncertainty for everyone.”

The Court’s majority found the Crown has a statutory duty under DRIPA to consult and cooperate in addressing inconsistencies, and specifically declared that the Chief Gold Commissioner’s conduct in establishing an online system allowing for automatic registration without prior consultation was inconsistent with UNDRIP’s article 32(2). A dissenting judge argued that oversight belongs to the legislature and that courts should not adjudicate inconsistency claims under the act.

“This is why Conservatives believe DRIPA must be repealed and is calling for the Premier to immediately recall the Legislative Assembly of British Columbia so we can do so in one day,” McInnis said. 

“The duty to consult is clear in Canadian law, and it must be honoured. DRIPA is creating confusion about who decides what, when, and by what standard. That uncertainty helps nobody. British Columbians deserve laws that are clear, democratic, and workable, and reconciliation must be built through real engagement and practical outcomes, not legal ambiguity.”