Vancouver, B.C. — December 5, 2025 — The British Columbia Court of Appeal has issued a decision on the appeal of Gitxaala Nation v. British Columbia (Chief Gold Commissioner). The appeal specifically revolved around the justiciability of the Declaration on the Rights of Indigenous Peoples Act (the Declaration Act).
Today’s ruling set aside the previous decision regarding the justiciability of the Declaration Act, instead stating that the issue of whether the Mineral Tenure Act is consistent with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) is an issue that the court can and should weigh in on in these circumstances. The court went on to conclude that the lack of an opportunity to consult prior to granting mineral claims means that the legislative scheme is not consistent with UNDRIP. The court was careful not to deal with whether Free, Prior, and Informed Consent (FPIC) was a part of the obligations under UNDRIP or was more aspirational. Association for Mineral Exploration’s (AME) view is that the interim measures of consultation created by the Mineral Claims Consultation Framework (MCCF) are consistent with the ruling, as they provide for consultation in advance of the granting of mineral claims.
As an intervener in the case, AME brought a unique perspective on behalf of our over 6,000 members and contributed in important ways. Specifically, regarding the meaning of Article 32(2), namely, that the article’s intent is for consent to be the aim of consultation and cooperation, rather than a strict requirement.
“AME is proud to have brought the voices of our members to the table in such an important venue,” said President and CEO Todd Stone. “As we review the decision and the likelihood of future appeals, we will carefully consider our approach.”
AME awaits further news on whether the decision will be appealed to the Supreme Court of Canada and will provide more information about our participation once more information is available.
Not under review was the result of the October 2023 decision that had ruled that the Government of British Columbia owes a duty to consult Indigenous Peoples with asserted rights and title when granting mineral claims. AME worked hard to advocate for a system that meets the duty to consult and moves at the speed of business. The new Mineral Claims Consultation Framework went into place on March 25, 2025.
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]