Vancouver, B.C. — December 12, 2025 — The Association for Mineral Exploration (AME) is calling on Premier David Eby to appeal the Gitxaala Nation v. British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 decision to the Supreme Court of Canada by the deadline of February 16, 2026. Additionally, AME is also calling on government to recall the legislature to bring forward substantive amendments to the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) and section 8.1 of the Interpretation Act. The approach that the Court of Appeal has taken in the Gitxaala case has cast confusion on business and reconciliation in our province, and the decision must be appealed and the two laws substantially changed.
“Government must be crystal clear about their focus on amending both DRIPA and the Interpretation Act. These changes cannot just be window dressing. They must be substantial, otherwise we are headed to a place where DRIPA and the government’s reconciliation goals are unworkable,” said AME President and CEO Todd Stone.
On December 5, 2025, the British Columbia Court of Appeal issued a decision on the appeal of Gitxaala Nation v. British Columbia (Chief Gold Commissioner), 2023 BCSC 1680. The appeal specifically revolved around the justiciability of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act, 2019).
The case decided that the previous mineral tenure regime did not consult First Nations prior to awarding mineral tenure. However, it does not invalidate the Mineral Tenure Act. The decision did not consider as relevant the MCCF that was implemented on March 25, 2025, in response to the BCSC’s decision that the Mineral Tenure Act is constitutionally valid but that the province must amend the process under the Mineral Tenure Act. The decision found that the previous regime did not provide for consultation with First Nations before conferring rights. However, the new MCCF regime provides that opportunity for consultation with First Nations prior to awarding, or declining mineral claims. Therefore, the MCCF meets the test laid out by the court.
The implications and related public reaction to the B.C. Court of Appeal decision demonstrates that the public interest is not met by having these issues dealt with by the courts, and that a path forward should be found by government, industry and Indigenous Nations working towards reconciliation together. It is in the public interest that legislation is in place to guide our province’s future. DRIPA and the Interpretation Act (s. 8.1) require significant amendments to address the issues brought forward by the case and the public. If these changes are not substantive the problem will only get worse as courts are left to interpret UNDRIP as “a complex, multi-faceted international instrument” and decide what laws must be changed and how.
In the past, government has chosen not to appeal important decisions like Gitxaala (at the trial level) and Yahey. In this case, they must use all available avenues to create clarity. AME is calling on government to appeal the case to the Supreme Court of Canada within 60 days of the decision, or February 16, 2026.
Inaction by government will create further uncertainty, and could result in industry pushing back against the legislation more broadly. We call on government to provide the certainty and clarity required to attract the investment required to meet its stated economic goals in the coming weeks.
About AME
The Association for Mineral Exploration (AME) is the lead association for the mineral exploration and development industry based in British Columbia. Established in 1912, AME represents, advocates and promotes the interests of more than 6,000 members who are engaged in mineral exploration and development in BC and globally. AME encourages a safe, economically strong and environmentally responsible industry by providing clear initiatives, policies, events and tools to support its membership in delivering responsible projects that advance reconciliation and provide benefit to all British Columbians.
AME Contact:
Richard Truman
Senior Director, External Affairs
Association for Mineral Exploration
604-404-1031
[email protected]