US EditionJudge finds province has duty to consult First Nations on mineral tenure claims
- A British Columbia Supreme Court judge has ordered the province to fix its mineral rights system within 18 months, ruling in favor of First Nations who claimed they were owed a duty to consult under the Constitution. The judge found that the Chief Gold Commissioner was wrong in claiming that they did not have the power to consult with First Nations on granting mineral rights.
- The First Nations' court challenge called for the quashing of specific mineral claims on their territory, but this request was rejected. They argued that the lack of consultation for mining rights on their lands was inconsistent with the Constitution and declarations on Indigenous rights.
- The judge's ruling highlights the need to develop a mineral tenure system that recognizes the rights of British Columbia's Indigenous people.
11 Articles
11 Articles
B.C. has duty to consult First Nations on mineral tenure claims, court rules
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.
Judge finds BC has duty to consult First Nations on mineral tenure claims
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 ...
Mineral claims require First Nations consultation: B.C. Supreme Court
First Nations in British Columbia must be consulted before any mineral claims are made in their territories, according to a decision released Tuesday by the B.C. Supreme Court. This spring, Gitxaała Nation and Ehattesaht First Nation argued in court that the current way of giving out rights to minerals is based on a “colonial holdover,” which allowed claims to be made in their territories without consultation. “The court’s decision makes clear…
Judge finds B.C. has duty to consult First Nations on mineral tenure claims
VANCOUVER — A B.C. 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.
Judge finds province has duty to consult First Nations on mineral tenure claims
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.
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