Last week we had the opportunity to hear from West Coast Environmental Law’s Jessica Clogg, and Gitxaala Legal Advisor James Herbert on a webinar. Clogg shared her optimism, expressing that “This case is winnable, because it’s very hard to argue that a system that allows someone to pay $1.75 a hectare in the territory without any consultation…is consistent with the Crowns’ constitutional duties.”
Please tune into the video for more:
Gitxaala’s case surrounds a series of mineral claims that were made on Banks Islands in the heart of the territory without consultation and consent. BC’s Mineral Tenure regime goes back to the gold rush days. It effectively allows anyone to go online to stake and acquire mineral rights without consultation or consent of Indigenous Peoples. Gitxaała’s case surrounds a series of mineral claims that were made on Banks Islands in the heart of the territory without consultation and consent.
According to Clogg, there’s a need to be looking at the situation through an Indigenous lens. The Crown in this case is saying that giving away exclusive mineral rights on Gitxaała territory has no impact because there’s no explosives, because the machinery isn’t too big. Gitxaała is saying no, there are profound impacts on their title, governance rights and laws. And this is where taking the Indigenous perspective as UNDRIP requires, is very important.
While the legal teams and leadership are taking a well deserved rest after a marathon set of hearings, many of you are probably asking “what’s next?” It now falls to the judge to review the mountains of evidence, expert reports and arguments in front of them. That process could take months, but in the meantime, know that Gitxaala’s fiercely committed teams have done all they can to raise the alarm, call ‘foul’ on a rigged game, and carve out a new story for the lands and waters we all call home.
