Upholding Indigenous rights in Gitxaala v British Columbia – BCCLA

January 20, 2025

Real reconciliation must embed all aspects of society including our work at the BCCLA. This is why we’ve teamed up with the First Nations Leadership Council (FNLC) to ensure the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has meaningful application in BC.

Following the passing of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) as the official framework for reconciliation in BC, the Interpretation Act was amended to create a pathway for courts to determine if the laws and regulations of BC are consistent with the UNDRIP.

Gitxaala v British Columbia (Chief Gold Commissioner)

We’re in court today with the FNLC to jointly intervene in Gitxaala v British Columbia (Chief Gold Commissioner) to ensure that courts properly recognize their role and responsibility in actualizing DRIPA in BC. This case has the power to push the BC government to fulfill its promise to align the laws of BC with UNDRIP. If laws aren’t tested for consistency, there will be no legal pathway to hold the government accountable to DRIPA’s goals.