The court gave the provincial government 18 months to develop a constitutionally compliant system.
Banks Island, British Columbia, is one example of mining claims granted to a private entity without the nation’s knowledge or consent. Credit: Gitxaala Territorial Management Agency.
In his 148-page ruling, Justice Alan Ross rejected the Chief Gold Commissioner’s argument that it wasn’t feasible to consult Indigenous communities before granting mineral rights as “simply wrong.” She added, “Although the Court suspended its declaration for 18 months, B.C.’s mineral tenure system needs immediate revision. We find it disappointing that the Court didn’t revoke the mineral claims we challenged, leaving our territory at risk for further mineral claims without adequate consultation.”
The B.C.-based Association for Mineral Exploration welcomed the ruling for allowing the modernization of the Mineral Tenure Act while the mineral industry and Indigenous partners have clarity through 2024.
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