Eby says DRIPA law could be amended after First Nations win appeal in mining case

B.C. Premier David Eby, speaks during an announcement for new funding to support victims of crime, in Surrey, B.C. on Friday, Nov. 28, 2025. (Ethan Cairns / The Canadian Press)

SURREY — British Columbia Premier David Eby said his government will review a court decision that appears to show “confusion” over his government’s Declaration on the Rights of Indigenous Peoples Act, and will amend the legislation if necessary.

Eby said the B.C. Court of Appeal ruling, in which the Gitxaala and Ehattesaht First Nations challenged the province’s mineral tenure system, “potentially puts courts in the driver’s seat instead of British Columbians.”

The ruling released on Friday says the United Nations Declaration on the Rights of Indigenous Peoples, which the provincial law was intended to incorporate, and the mineral claims regime are “inconsistent.”

The appeal ruling says the provincial law should be “properly interpreted” to incorporate UNDRIP into the laws of B.C. with immediate legal effect.

The First Nations, whose appeal was allowed, had argued that the operation of an automated online registry permitting “free miners” to register claims to mineral rights on Crown land before consulting affected First Nations was inconsistent with the Crown’s duty to consult.

Gitxaała Chief Councillor Linda Innes said in a statement on Friday that the decision was an exciting victory for all nations.

“We have said all along that B.C.’s out-of-date, colonial mineral tenure regime violates Canada’s own laws, the UN Declaration on the Rights of Indigenous Peoples and our Gitxaała laws. Now B.C.’s highest court has agreed, ” she said.

Innes said the Gitxaała look forward to working with B.C. and all parties to implement the decision.

The Association for Mineral Exploration was an intervener in the case, and president Todd Stone said in a statement that it will review the decision and the likelihood of a future appeal.

Eby said the government could appeal to the Supreme Court of Canada, but it would more likely amend the legislation.

“But to be frank, it is absolutely crucial that it is British Columbians through their elected representatives that remain in control of this process, not the courts,” Eby said at an unrelated event in Surrey, B.C.

“Too much rides on it in terms of our province’s prosperity and certainty going forward. So, I think it just as likely or perhaps more likely that we would proceed with amendments to provide clarity around what was clearly intended when we introduced this legislation, and the court appears to have some confusion about that.”

The Opposition B.C. Conservatives said in a statement that Eby should recall the legislature so the provincial legislation can be repealed.

“This ruling highlights exactly what happens when government tries to legislate reconciliation through vague and undefined promises,” deputy critic for Indigenous relations and reconciliation Scott McInnis said in the statement.

“British Columbians deserve certainty and transparency. Indigenous communities deserve meaningful consultation that is done properly and up front. Instead, the BC NDP built a system that ran on autopilot, then created years of legal uncertainty for everyone.”

This report by The Canadian Press was first published Dec. 5, 2025.