The Supreme Court of Canada has decided it will hear BC’s appeal of a lower-court ruling that upended the Mineral Tenure Act and potentially gives the Declaration on the Rights of Indigenous Peoples Act the force of law. No hearing date has been set by the Supreme Court of Canada. BC Premier David Eby has said the BC Court of Appeal’s 2-1 ruling in December, which found the Mineral Tenure Act “inconsistent” with DRIPA, could put too much power in the hands of judges regarding how reconciliation with First Nations should take place. The Act was intended to gradually bring provincial laws into alignment with the UN Declaration on the Rights of Indigenous Peoples. But Eby has warned the decision brings it into place all at once. “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.
Related coverage by:
- The Canadian Press: Supreme Court to hear BC challenge on DRIPA
- Vaughn Palmer, Vancouver Sun: BC Premier relieved by Supreme Court decision