Close X
Saturday, November 23, 2024
ADVT 
National

B.C. Indigenous rights beat mining, court hears

Darpan News Desk The Canadian Press, 03 Apr, 2023 05:07 PM
  • B.C. Indigenous rights beat mining, court hears

VANCOUVER - The British Columbia government's outdated practice of granting mineral claims without Indigenous consent is a "continuation of the Crown's efforts the dismantle Gitxaala's society," a lawyer for the First Nation told a court.

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

"This case is about whether Canadian law is ready to respect Gitxaala's self-governance and to acknowledge the negative impacts of B.C. automated mineral tenure registry on the fabric of Gitxaala'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 Rights of Indigenous Peoples Act.

The United Nations declaration was passed into law in B.C. in 2019 and requires governments to obtain free, prior and informed consent before taking actions that affect Indigenous Peoples and territories.

Jessica Clogg of West Coast Environmental Law, another lawyer representing Gitxaala, told a news conference that the court can and should declare the practice is inconsistent with the UN declaration.

"The reality is that the Mineral Tenure Act regime results in Indigenous Peoples being dispossessed of critical aspects of their title and rights to resources without any consultation or consent, which is clearly contrary to the articles of UNDRIP."

The current B.C. Mineral Tenure Act allows anyone with a free miner certificate to acquire mineral claims online through an automated system in First Nations’ territories, without their consultation or consent, the nation said in a news release.

The Gitxaala Nation, based on B.C.'s northern coast, filed a petition for judicial review in October 2021.

It is asking the court to quash seven mineral claims on Banks Island, south of Prince Rupert, and for the court to suspend claim staking in its territory. It also claims B.C.'s mineral grant regime doesn't allow the First Nation to use or develop the land.

Ehattesaht First Nation on Vancouver Island filed a similar judicial review challenging mineral claims in its territories in June last year.

The nations agreed that their two cases can be heard at the same time.

Fong told the court that consulting nations on mineral claims would not be a threat to the mining industry, but would require it to change.

"We say there's no evidence that shows mandatory consultation will reduce the viability of the mining industry. Evidence actually shows the opposite: that mining is compatible with consultation," she said.

Gitxaala Chief Councillor Linda Innes said the nation is "very hopeful" the B.C. Supreme Court will side with it following a two-week hearing in Vancouver.

"In their legal argument in our case, B.C. has the audacity to say that giving away mineral rights in our territory does not trigger the duty to consult. We disagree with that," she told the media on Monday.

“It is time for the B.C. government to walk the talk by putting an end to this practice of granting mineral rights without consultation or consent from Indigenous nations in British Columbia."

The BC Human Rights Commissioner, the First Nations Leadership Council, four First Nations, a group of non-profits and mineral exploration businesses will be intervening in the case, Gitxaała said in a news release.

Human rights commissioner Kasari Govender confirmed in a separate news release Monday that she will be in court this week.

She said how the declaration act is interpreted and implemented in this case will have "important implications for reconciliation in the province."

Govender said because the declaration is human rights legislation, it takes primacy over other statutes like the Mineral Tenure Act.

“This case is a test of what the declaration act means and how it applies to B.C. laws. We say the court must adopt the interpretation of the act that best upholds the human rights at issue: Indigenous Peoples’ collective human rights."

MORE National ARTICLES

Ottawa needs spending rules, more taxes: experts

Ottawa needs spending rules, more taxes: experts
The budget comes at a time when the government is facing pressure to rein in spending so as to not work against the Bank of Canada's inflation-fighting efforts. The central bank has aggressively raised interest rates over the last year to dampen spending by consumers and businesses. Excessive fiscal stimulus could reverse some of that work.

Ottawa needs spending rules, more taxes: experts

Foster kids of all ages get free tuition in B.C.

Foster kids of all ages get free tuition in B.C.
The program was launched in 2017, waiving fees for people who had been in care from the ages of 19 to 26, but starting next August, that restriction will be eliminated. Since the waiver program was introduced, 1,900 students have had a total of $13 million in tuition and fees waived.

Foster kids of all ages get free tuition in B.C.

B.C. murder conviction tossed for 'error in law'

B.C. murder conviction tossed for 'error in law'
In a unanimous decision, a three-justice panel of B.C.'s highest court overturned Pirko's conviction, ruling that the trial judge's charge to the jury was "so confusing as to amount to error in law."  In his ruling issued Tuesday, Fitch also says the judge's final instructions about Pirko's criminal record were "incomplete and deficient in law."

B.C. murder conviction tossed for 'error in law'

Canada weighs new submarines as allies push ahead

Canada weighs new submarines as allies push ahead
The Royal Canadian Navy launched a push to replace the country's four Victoria-class submarines nearly two years ago by creating a special team to figure out what Canada needs in a new fleet. The move came in response to growing concerns about the age of Canada's existing submarines and the amount of time needed to design and build such vessels.

Canada weighs new submarines as allies push ahead

NDP wants Liberals to expand GST rebate in budget

NDP wants Liberals to expand GST rebate in budget
Party leader Jagmeet Singh said he expects to see money in the budget to expand dental care coverage to teens, seniors and people living with a disability, which was part of the confidence-and-supply agreement with the Liberals.

NDP wants Liberals to expand GST rebate in budget

A look at vehicle-ramming cases in Canada

A look at vehicle-ramming cases in Canada
Two people are dead and nine others are injured after a pickup truck ran into multiple pedestrians in the eastern Quebec community of Amqui on Monday, with police alleging the driver acted deliberately and with premeditation. Here's a look at some other vehicle-ramming cases in Canada in recent years:    

A look at vehicle-ramming cases in Canada