Crown lawyer suggests negotiations process if province loses mining claims challenge – Business In Vancouver
April 14, 2023
The Gitxaala Nation wants the B.C. Supreme Court to overturn mineral claims granted between 2018 and 2020 on Banks Island because it says there was no consultation
If a B.C. Supreme Court judge rules in favour of the First Nation challenging B.C.’s online mining claims program, a lawyer for the provincial government says the court should order the two sides to negotiate a new system.
The Gitxaala Nation, based in Kitkatla, wants the court to overturn mineral claims the province granted between 2018 and 2020 on Banks Island because it says there was no consultation. Gitxaala lawyers say that breached the Crown’s constitutional duty to First Nations and was contrary to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which B.C. adopted in 2019.
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