Two week court hearing underway as Gitxaala Nation tests BC's Declaration on Rights of Indigenous Peoples Act

The Gitxaala First Nation is at the BC Supreme Court in 
Vancouver today launching a challenge towards 
BC's mineral staking process

What is being described as a landmark mining case is underway in a Vancouver Court room, with the Gitxaala Nation making for the first Indigenous Nation to put the enforceability of the BC Declaration of the Rights of Indigenous Peoples Act in the spotlight.

Mineral claims on Banks Island are at the forefront of the
Gitxaala First Nation case being heard 

The hearing underway is related to a Gitxaala Nation challenge against the provincial government's 'free entry'  mineral claim staking regime. The first challenge in BC that seeks to overturn multiple mineral claims granted by the Province for the Lax kana dzol, known as Banks Island.

The Gitxaala Nation has stated that those claims were granted without consent, consultation or even notification to the Nation. Observing that by giving away mineral rights that are part of their territory, the Province has "broken both our laws and their own"

“Gitxaała smgyigyet (hereditary leaders) have the responsibility to manage and protect our territories and resources according to the ayaawx (Gitxaała laws). 

Our ayaawx expresses, among other things, the sacredness of our territory, and the need to treat the environment with the greatest respect and to ensure proper treatment of our resources. 

 By giving away the mineral rights that are part of our territory, the Province has broken both our laws, and their own,” -- Gitxaała Sm’ooygit Nees Hiwaas (Matthew Hill).

Gitxaala Chief Councillor Linda Innes noted of the Nation's concerns over how the province is handling mining rights in the territory.

“Despite the reported progress and new relationships promised when the government signed the Declaration on the Rights of Indigenous People Act into law, the Province continues to give away mining rights in our territory without our consent. This impacts our ownership, governance and use of our lands, and interferes with our right to make management decisions and to choose our own priorities. 

While proudly announcing its commitments to reconciliation, the Crown continues to argue in court that they have no legal obligation to make good on those commitments – and that is a problem that should be of serious to concern to all residents of British Columbia, not just Gitxaała"

In addition to the quest to setting aside existing mineral claims, the Gitxaala Nation is the court to suspend claim staking in their Territory.

The hearing will take place from today until April 14th.

The Gitxaala Nation statement towards the start of legal proceedings can be reviewed here,  their announcement includes some further legal background towards the two week hearing.

More notes related to the Gixaala Nation can be reviewed here.

As the Province responds to the hearing's progress those notes can be found through our Legislature archive as well as our political blog D'Arcy McGee.

Cross posted from the North Coast Review.