Gitxaala v. British Columbia: mineral claims staking implications for project teams
Reviewed by Tom Sullivan

First reported on MINING.com
30 Second Briefing
British Columbia’s Court of Appeal has ruled in Gitxaala v. British Columbia that the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) incorporates UNDRIP and creates legally enforceable obligations, overturning a 2023 Supreme Court finding that DRIPA was not justiciable. The court held that B.C.’s automatic online mineral claim-staking system under the Mineral Tenure Act, used to grant claims on Banks Island between 2018 and 2020, is inconsistent with UNDRIP because it provides no opportunity for prior consultation. All B.C. mining-related statutes and regulations must now be interpreted as consistent with UNDRIP, signalling tighter consultation requirements at the mineral claims stage.
Technical Brief
- Automatic online mineral claim-staking under the Mineral Tenure Act was used on Banks Island between 2018–2020.
- Gitxaala Nation’s 2021 legal challenge targeted multiple claims granted in that 2018–2020 window on its territory.
- A 2023 BC Supreme Court judicial review had already found the online system breached the constitutional duty to consult.
- The Court of Appeal decision in Gitxaala v. British Columbia is the first appellate ruling on DRIPA enforceability.
- BCCA held the lower court erred by treating DRIPA as non-justiciable and non-implementing of UNDRIP.
Our Take
Among the 30 Policy stories in our coverage, British Columbia and wider Canadian jurisdictions feature heavily where Indigenous rights intersect with permitting, so this 2023 BC Supreme Court ruling is likely to become a reference point cited in future disputes over automatic online staking systems.
For explorers represented by the Association for Mineral Exploration operating in B.C., the decision implies an extra front‑end burden on tenure acquisition workflows (consultation, mapping of asserted territories, documentation), which will affect early‑stage project timelines even before any advanced permitting or safety standards come into play.
Because the Gitxaala challenge targets claims granted between 2018 and 2020 around Banks Island, operators with legacy tenures in coastal B.C. will need to assess legal exposure on existing licences, not just adjust processes for new staking, which could influence how they prioritise project pipelines in the province.
Prepared by collating external sources, AI-assisted tools, and Geomechanics.io’s proprietary mining database, then reviewed for technical accuracy & edited by our geotechnical team.
Related Articles
Related Industries & Products
Mining
Geotechnical software solutions for mining operations including CMRR analysis, hydrogeological testing, and data management.
CMRR-io
Streamline coal mine roof stability assessments with our cloud-based CMRR software featuring automated calculations, multi-scenario analysis, and collaborative workflows.
HYDROGEO-io
Comprehensive hydrogeological testing platform for managing, analysing, and reporting on packer tests, lugeon values, and hydraulic conductivity assessments.
GEODB-io
Centralised geotechnical data management solution for storing, accessing, and analysing all your site investigation and material testing data.


