Indigenous rights over mineral rights, B.C. First Nation tells court during legal challenge

The British Columbia government’s “outdated” practice of granting mineral claims without Indigenous consent is a “continuation of the Crown’s efforts to dismantle Gitxaała’s society,” a lawyer for the First Nation told a court Monday.

Lisa Fong told the B.C. Supreme Court Monday the province has failed in its constitutional duty to consult the nation before issuing mineral rights.

“This case is about whether Canadian law is ready to respect Gitxaała’s self-governance and to acknowledge the negative impacts of B.C.’s automated mineral tenure registry on the fabric of Gitxaała’s governance.”

The court challenge, which includes Gitxaała and Ehattesaht First Nations, marks the first legal test since the B.C. government adopted the Declaration on the

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