US EditionEby says DRIPA law could be amended after First Nations win appeal in mining case
The ruling requires immediate reform of B.C.’s mineral claims system to align with Indigenous rights under UNDRIP, impacting future legal and economic frameworks, court affirmed.
- On Friday, the B.C. Court of Appeal ruled the United Nations Declaration on the Rights of Indigenous Peoples has immediate legal effect in British Columbia and found the mineral-claims regime inconsistent.
- The Gitxaala and Ehattesaht First Nations appealed after arguing that B.C.'s automated 'free entry' mineral tenure system lets prospectors register claims online before consulting affected nations.
- In a split decision, Justice Gail Dickson and Justice Iyer held the lower court took too narrow a view of DRIPA, while Justice Paul Riley dissented, arguing courts should not adjudicate inconsistencies between UNDRIP and provincial laws.
- The provincial government has implemented temporary registration and will review the decision, with Premier David Eby saying they are more likely to amend DRIPA than repeal it.
- The decision also shadows the Cowichan Tribes appeal, while industry groups warned it will spur litigation, create investor uncertainty, and complicate plans for tens of billions in mining investment.
37 Articles
37 Articles
St Catharines Standard
Court decision recognizes UNDRIP as law, but leads province to look at revising legislation
By Nora O’Malley
Eby says B.C. may revise DRIPA legislation, worries court is 'in driver's seat'
B.C. Premier David Eby says he is open to revising the province's Declaration on the Rights of Indigenous Peoples Act (DRIPA). His comments come after B.C.'s Court of Appeal found that the legislation is incompatible with the province's current system used to grant mineral rights because it fails to ensure First Nations are notified when claims are made in their territory.
Winnipeg Free Press
Eby says UNDRIP law could be amended after First Nations win appeal in mining case
Breaking News, Sports, Manitoba, Canada
Frustration grows over Eby’s plans to alter ‘B.C.’ Indigenous rights legislation
Premier David Eby speaks at a press conference about the province’s economic security on Nov. 17, 2025. Photo courtesy Government of B.C./Flickr This story was originally published in The Narwhal and appears here with minor style edits. In 2019, “British Columbia” unanimously passed the Declaration on the Rights of Indigenous Peoples Act. It was celebrated as a major step toward working with First Nations in a better, more equal way. But a cou…
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