Gitxaala Nation in BC Goes to Court for Automatic Mining Rights | The Canadian News

A BC First Nation is challenging in court an online registry that the province uses to automatically grant mining rights in its territory.

The Gitxaala Nation has petitioned the BC Supreme Court requesting judicial review, arguing that the process does not require the government to consult with the First Nation and simply grants the claim.

“The fact that British Columbia still grants mineral rights without regard to indigenous nations like Gitxaała is a harmful relic of colonialism that has no place today,” hereditary chief Matthew Hill said in a press release.

“We will not allow this to continue in Gitxaala territory and that is why we have launched our case.”

The petition, filed with the court Monday, claims the government failed in its duty by granting claims without consulting the nation. He asks the courts to annul seven mineral claims on Banks Island, south of Prince Rupert, and for the court to suspend the claim for claims in the Gitxaala Territory.

“For too long, anyone with a computer and $ 34 has been able to acquire mineral rights in the traditional territory of the Gitxaala Nation,” said the Gitxaala County Chief. Linda Innes said at a press conference on Tuesday.

“This can be done legally without the need for consultation or consent from Gitxaala and is in total disregard of our own laws and governance.”

She argued that the process is a violation of the government’s constitutional requirements to consult with the First Nation and the United Nations Declarations on the Rights of Indigenous Peoples, which the province has committed to implementing. The UN declaration requires governments to obtain free, prior and informed consent before taking actions that affect indigenous peoples and territories.

“Gitxaala has never surrendered or assigned Aboriginal title or other rights with respect to Banks Island,” the court document says. “On the basis that the provincial Crown granted the claims without having complied with the duty of consultation, the granting of each one of the claims must be annulled or annulled.”

The petition includes allegations that have not been proven in court.

The provincial government has not filed a response to the petition with the court.

The Ministry of Energy, Mines and Petroleum Resources said it could not comment on the matters before the court, but that it will continue to work with First Nations on initiatives that “advance their interests with regard to the reform of the mineral tenure system, including the Modernized land use planning. ” and other initiatives aimed at safeguarding sensitive ecological and cultural values ​​”.

Bruce Ralston, Minister of Energy, Mines and Petroleum Resources, said in a separate press conference on Tuesday that the department has contacted representatives of Gitxaala and is “aware of their concerns.”

“Generally what we have found in mining is that our relationships with indigenous communities are very good, and there are a number of mining companies that have benefit impact agreements with Indigenous First Nations to share part of the wealth that is created when mining companies are making investments and creating a new mine here in British Columbia, ”Ralston said.

In an interview, Gitxaala’s attorneys, Lisa Fong and Gavin Smith, said that the benefit-sharing agreements have not applied to Gitxaala. They said the nation has yet to be contacted regarding the lawsuit.

“Half of the litigation is directed at the root of the problem, which is the awarding of mineral tenders in the first place. It’s pretty hard to build a good relationship when you’re giving away mineral rights without even telling the nation, ”Smith said.

The petition also names three people and a company as defendants, including prospector Johan Shearer, who said he had not heard of the petition. None of them have submitted responses to the court.

Shearer said the claims system operates in real time and that if a prospector were to contact the First Nation to inform them that they are filing a claim, it would cause a problem for the industry.

“If you find something, you need to have some kind of control of that discovery and if you have to announce it with the First Nation, the hard work you’ve done to make that discovery go out the window,” he said.

“I understand their point of view, but this is not how the industry works and if this happened, I imagine the minerals industry would dry up.”

The petition also states that the mineral concession regime does not allow the First Nation to use or develop the land.

“We hope that by presenting this challenge, the government of British Columbia will recognize that its own laws and practices run counter to its commitment and that they will recognize the need to end the granting of mineral rights without the consultation or consent of all indigenous people. people, ”Innes said.

This Canadian Press report was first published on October 26, 2021.

This story was produced with financial assistance from Facebook and the Canadian Press News Fellowship.