David Eby

After a landmark BC Court of Appeal decision that made the UN Declaration on the Rights of Indigenous Peoples enforceable in provincial law, First Nations have launched suits using the ruling to argue against government decisions in mining, forestry and energy. In a petition filed last month, the Lower Similkameen Indian Band is seeking to quash an expansion of Hudbay Mineral’s Copper Mountain Mine, arguing a permit was granted without adequate consultation. The First Nation says the decision must be set aside and a declaration issued to ensure its constitutional rights are protected pursuant to UNDRIP and B.C.’s Declaration of the Rights of Indigenous Peoples Act. In outlining the need for deeper consultation, the First Nation cites several legal precedents including a B.C. Appeal Court decision where the Gitxaala First Nation won a ruling that found the province’s open-entry mineral claims system was inconsistent with the B.C. government’s implementation of UNDRIP.