UNDRIP is the law in British Columbia today and, we expect, tomorrow as well – MLT Aikins
December 18, 2025
On December 5, 2025, the British Columbia Court of Appeal (BCCA) made its decision in Gitxaała v. British Columbia, 2025 BCCA 430 (Gitxaała), ruling that the Declaration on the Rights of Indigenous Peoples Act (DRIPA) incorporates the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into the positive law of British Columbia with immediate legal effect, creating legally enforceable obligations on the Province of British Columbia.
This decision signals a substantive shift in how the Province must consider UNDRIP throughout the statutory interpretation and application process as well as in discharging the duty to consult.
