May 22, 2026
Gitxaala and Ehatttesaht nations’ challenge of the Mineral Tenure Act has seen BC push back on the implementation of DRIPA
The Supreme Court of Canada will hear British Columbia’s appeal of a court decision that has fuelled drama in the province over the implementation of its Declaration on the Rights of Indigenous Peoples Act (DRIPA).
In December, the B.C. Court of Appeal ruled 2-1 that the province’s Mineral Tenure Act, which allowed registration of mineral rights without consulting the Gitxaała and Ehattesaht nations, was inconsistent with the law implementing the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province.
Within hours, Premier David Eby said the provincial government would amend DRIPA. The province also filed an appeal to the country’s top court, which has now agreed to hear it.