Gitxaała First Nation sues B.C. government over automatic granting of mineral rights

A B.C. First Nation has launched a court challenge of an online registry the province uses to automatically grant mineral rights in its territory.

The Gitxaała have filed a petition to the B.C. Supreme Court seeking a judicial review, arguing that the process doesn't require the government to consult with the First Nation and simply grants the claim.

"The fact that B.C. still grants mineral claims with total disregard for Indigenous nations like Gitxaała is a damaging relic of colonialism that has no place in the present day," hereditary Chief Matthew Hill said in a news release. "We will not allow this to continue in Gitxaała territory and that is why we've launched our case."

The petition, which was filed with the court on Monday, asserts that the government didn't fulfil its duty by granting claims without consulting the nation. It is asking the courts to quash seven mineral claims on Banks Island, south of Prince Rupert, and for the court to suspend claim staking in Gitxaała territory.

"For too long, anyone with a computer and $34 has been able to acquire rights to minerals on the traditional territory of Gitxaała nation," Gitxaała Chief Coun. Linda Innes said during a news conference Tuesday. "This can be done legally with no requirement for consultation or consent from Gitxaała and it is a complete disregard of our own laws and governance."

She argued the process is a violation of the government's constitutional requirements to consult with the First Nation and the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP), which the province has committed to implement.

The UN declaration requires governments to obtain free, prior and informed consent before taking actions that affect Indigenous Peoples and territories.

"Gitxaała has never surrendered or ceded Aboriginal title or other rights respecting Banks Island," the court document says. "On the basis that the provincial Crown granted the claims without having fulfilled the duty to consult, the grant of each of the claims must be quashed or set aside."

The petition includes allegations that have not been tested in court.

The provincial government has not filed a response to the petition with the court.

The Ministry of Energy, Mines and Petroleum Resources said it could not comment on matters before the court but that it will continue to work with First Nations on initiatives that "advance their interests with respect to reforming the mineral tenure system, including modernized land use planning and other initiatives intended to safeguard sensitive ecological and cultural values."

Bruce Ralston, the minister of energy, mines and petroleum resources, told a separate news conference Tuesday that the department has been in touch with representatives from Gitxaała and is "aware of their concerns."

"Generally what we have found in mining is that our relations with Indigenous communities are very good, and there are a number of mining companies which have impact benefit agreements with Indigenous First Nations to share some of the wealth that is created when the mining companies are making investments and create a new mine here in British Columbia," Ralston said.

In an interview, Gitxaała lawyers Lisa Fong and Gavin Smith said benefit-sharing agreements have not applied to Gitxaała. They said the nation has not been contacted in relation to the lawsuit yet.