British Columbia has made a request to the Supreme Court of Canada to review a key court decision that deemed the province’s mineral claims system at odds with the United Nations Declaration on the Rights of Indigenous Peoples. This ruling, which supported the Gitxaala First Nation, is now the subject of scrutiny due to its perceived impact on reconciliation and democratic values.
The province’s submission to the highest court in Canada highlights the need for clarity on the legal standing of UNDRIP in Canadian law and the appropriate role of the judiciary in interpreting related legislation, such as the Declaration on the Rights of Indigenous Peoples Act designed to align with UNDRIP.
While seeking an appeal does not guarantee a hearing before the court, B.C. Premier David Eby has indicated that the government may also consider amending the legislation in question, namely DRIPA. In a recent statement, Eby mentioned ongoing discussions with First Nations to explore potential revisions to DRIPA.
Eby has emphasized the significance of DRIPA as a tool for fostering mutual understanding and resolving disputes between Indigenous and non-Indigenous groups, but he expressed concerns that the recent court ruling has disrupted this delicate balance. The ruling called for an immediate integration of UNDRIP principles into B.C.’s legal framework, citing inconsistencies between UNDRIP and the provincial mineral claims system.
In response to the confusion stemming from the court decision, Eby has pledged to address the issue by proposing amendments to DRIPA in the upcoming legislative session. He reassured that Section 35 of Canada’s constitution will continue to safeguard the rights of Indigenous nations to challenge government laws or assert land claims.