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BC NDP confusion on DRIPA and mineral staking, Conservatives call on Premier to recall the legislature so DRIPA can be repealed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,” ...