The B.C. Supreme Court ruled Tuesday that the province’s mining permit system is unconstitutional.

The province’s current system, at issue in the case, automatically grants mineral claims to industry applicants who submit a request through a government website.

Tuesday’s ruling found that process violates First Nations rights.

It ordered B.C. to replace the system with one that ensures input and consultation with Indigenous communities on whose territories mining permits are granted.

  • AutoTL;DR@lemmings.worldBEnglish
    1·
    1 year ago

    This is the best summary I could come up with:

    The province’s current system, at issue in the case, automatically grants mineral claims to industry applicants who submit a request through a government website.

    “The fault in the system lies, not in the granting of individual mineral claims, but in the higher-level decision making relating to the [Chief Gold Commissioner]'s discretion to consult with First Nations.”

    Innes took issue with the fact the court did not cancel the existing mining permits Gitxaała was challenging on its land, which she said “leaves our territory open” to continued exploitation without her nation’s consent.

    Mining industry representatives said they welcomed the ruling, in particular its 18-month extension of the current system and existing permits, even though the process was deemed unconstitutional.

    “Our goal is to ensure the mineral claim staking process remains competitive and efficient … while respectful of the rights of Indigenous Peoples,” said association president Keerit Jutla.

    “First Nations consent needs to be the foundation of a modern mining regime in B.C.,” Jessica Clogg, executive director of West Coast Environmental Law, told CBC News in an interview.

    The original article contains 696 words, the summary contains 169 words. Saved 76%. I’m a bot and I’m open source!