In September 2023, Gitxaała and Ehattesaht won an important victory in the BC Supreme Court, which held that BC’s gold rush era “free entry” mineral tenure regime breached the Crown’s constitutional duty to consult. But the Court did not declare that BC’s mineral tenure regime was inconsistent with the UN Declaration, or that BC had a legal duty to reform its regime to align with the UN Declaration in consultation and collaboration with Nations.
Next week, the Nations are headed to the BC Court of Appeal to make the case that all BC laws must be interpreted consistently with the UN Declaration – which means upholding the right to free, prior and informed consent. The appeal will also argue that BC’s commitment to take all measures necessary to align laws with the UN Declaration is a legal duty, enforceable in court, and not merely a political promise.
Show your support by joining us at the Courthouse steps on Monday!
Hear from Gitxaała leaders and intervenors on why it’s so important to hold the BC government accountable for implementing the UN Declaration. This legal challenge is not just for the benefit of Gitxaała, but for all of us in BC. Help us ensure no mineral rights without consent.
With gratitude,
Jessica Clogg | Executive Director & Senior Counsel
West Coast Environmental Law
P.S. Can’t make it in person? You can show support by donating to support Gitxaała’s legal efforts here.
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