From January 20th to 22nd, 2025, Gitxaała Nation went to the Court of Appeal where they sought to hold B.C. accountable to its own Declaration on the Rights of Indigenous Peoples Act (DRIPA), which requires B.C. to take all measures necessary to align laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including the UNDRIP standard of free, prior, and informed consent of Indigenous Peoples ahead of granting mineral rights or permitting mining on their territories. Read on to understand the importance of showing up for Indigenous rights, the impact of RAVEN’s Community Action Fund, and what happens next for Gitxaała.
Your Support Matters
You showed up! Whether you showed up to the rally in person or watched the proceedings online, your presence makes a difference. Thank you to everyone for coming out to support Gitxaała at the hearing. While it may not feel like it, moments like this are important to the legal process as it lets our legal system know where the public stands. For example, in Supreme Court of Canada (SCC) cases in 2013 and 2015, the SCC justices provided guidance on when a judge may depart from precedents. Factors that can be considered are:
- Is there a new legal issue? That can include: has the law in this area changed or developed so significantly that the question before the court is now new?
- Have there been changes to the circumstances or evidence that shift the parameters of the debate?
It may not seem like it, but every day people can shift these factors when they come together and show the courts, and the public, that support for Indigenous rights is strong and growing. We are showing that it cannot be easily said that it’s within the public interest to infringe an Aboriginal right for economic gain to a corporation. We are showing that the debate is changing and that where Indigenous Nations may have been denied justice previously, we will not allow that going forward. The social license that existed in colonial states for many years to run roughshod over Indigenous rights is no longer there.
Upholding Cultural and Legal Traditions
We were able to support Gitxaała law in action. Through our Community Action Fund, we provided funding and support for Gitxaała Hereditary Chiefs, elected leadership, and community members to attend the hearing. The funds supported the travel and accommodation of over 10 Gitxaała community members, including elders, smgyigyet (chiefs), and sigyidm hana’anax (matriarchs), to Vancouver so they could bear witness to the appeal hearing. The act of bearing witness is a vital part of Gitxaała’s cultural and legal traditions. For example, Gitxaała oral history (or lineage histories or “true tellings”), is called the adaawx. Transmission of the adaawx can take place in settings like feasts, a key component of which is public witnessing.
What Happened in Court?
The court heard arguments from all parties, and the intervenors, on whether UNDRIP applies to all laws in B.C., including judge-made laws (i.e. the common law), and whether under section 3 of DRIPA, there is a justiciable right to bring a court action to hold B.C. legally accountable for ensuring laws are consistent with UNDRIP. The latter declaration could see an entire overhaul of the mineral claims process as it is inconsistent with UNDRIP, potentially requiring the Province to need the free, prior, and informed consent of Gitxaała Nation.
What Comes Next?
The judges reserved the decision, which means they will take everything they have heard, and all the written materials provided, into consideration and draft their written decision. This can take anywhere from a few months to over a year, but typically a decision comes out in about 6 months. Legal systems are not known for being fast, but RAVEN will keep you updated every step of the way. Your continued solidarity with Gitxaała is powerful and makes a difference.
