British Columbia appealing court ruling on Indigenous consultation for mining rights – Mining.com
February 9, 2026
The British Columbia government is appealing a court decision requiring consultation with First Nations before granting mineral exploration rights on traditional territories.
In an interview with the Vancouver Sun, Premier David Eby stated the December 2025 ruling, which favoured the Gitxaała and Ehattesaht First Nations, has created uncertainty around BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA).
The appeal to the Supreme Court of Canada, filed February 3, argues the appeals court misinterpreted DRIPA when ruling the Mineral Tenure Act violates consultation duties.
