VICTORIA – British Columbia has applied to the Supreme Court of Canada to hear an appeal against a landmark court ruling that found the province’s mineral claims regime was “inconsistent” with the United Nations Declaration on the Rights of Indigenous Peoples, embodied in a provincial law known as DRIPA.
The filing, which were sent to Canada’s highest court on Tuesday, says “reconciliation and core democratic values” are at stake as a result of last year’s ruling by the B.C. Court of Appeal in favour of the Gitxaala First Nation, which it says has caused “confusion.”
The province says in its filing that the Supreme Court must clarify the legal status of UNDRIP in Canadian law and the role of courts when it comes to interpreting legislation such as the Declaration on the Rights of Indigenous Peoples Act, which was intended to implement UNDRIP.
Applying to the Supreme Court of Canada does not guarantee that a case will be heard by the panel of judges.
B.C. Premier David Eby said in December that while the government could appeal to the Supreme Court, it would more likely amend the legislation.
It’s now doing both, with Eby saying in a statement Friday that in addition to the appeal, the government has started discussions with First Nations to amend DRIPA.
Eby says DRIPA is a “road map” for First Nations and non-First Nations to stay out of court to resolve “shared concerns,” but the B.C. Court of Appeal ruling “upends that balance.”
The December ruling says DRIPA should be “properly interpreted” to incorporate UNDRIP into the laws of B.C. with immediate legal effect after the court found UNDRIP and the province’s mineral claims regime were “inconsistent.”
The premier says in his statement that this decision has “created confusion and concern” about DRIPA’s intent.
Eby says that is why government will amend DRIPA during the upcoming legislative session, adding that Section 35 of Canada’s constitution “will always be there for Nations who wish to challenge government laws or make title claims.”
This report by The Canadian Press was first published Feb. 6, 2026.
