Last month, British Columbia unveiled a new framework that will guarantee First Nations are consulted about mineral claims on their land. It’s a big step forward in bringing B.C.’s antiquated mining laws into the 21st century, but as to whether or not it will succeed — the devil will be in the details.
The new Mineral Claims Consultation Framework, as it’s called, is a result of the B.C. Supreme Court’s 2023 ruling in Gitxaala vs British Columbia. The Gitxaala Nation argued that it was wrong that claims could be staked on their traditional territory without consultation, and the court agreed; it gave the province 18 months to update its mineral claims process.
Under the old system, anyone with a $25 Free Miner’s Certificate (obtainable online) could claim land almost anywhere in B.C. for around $5 a hectare. They could access private property, dig, sample and explore — all without needing to consult with First Nations.
The updated system introduces an Indigenous consultation step once a new mineral claim is received. Based on the advice of First Nations, the province will be able to deny that claim if necessary — something it previously had little ability to do.
Additional measures needed for framework success
As significant as this progress is, it doesn’t come without its challenges. Nearly 7,000 mineral claims per year are registered on average in B.C. For First Nations to robustly consult on each claim would be a huge administrative burden. Without an increase in funding, they are likely to be overwhelmed, which could lead to delays and frustrations for all parties involved.
One approach could be to allow First Nations to define areas within their territories in which exploration is not acceptable to them. This has the potential to decrease the administrative burden the new framework brings, and reduce uncertainty in the mineral exploitation industry.
Allowing First Nations to limit the lands available to be claimed and explored could also help protect some of B.C.’s most vulnerable and precious habitats from unnecessary disturbance. B.C. still has a long way to go if it’s to meet its commitment of protecting 30% of lands and water by 2030. Clear delineations on where First Nations’ conservation priorities lie can only help in the formation of protected areas.
The formation of ‘no-go zones’ is only one possible solution though. Ultimately, it will be up to First Nations to advocate for how they want to handle this new responsibility.
Opportunity for less conflict, better environmental protections
Clearly there are many details that still need to be worked out in the implementation of this framework. But with the right execution, it does have the potential to benefit First Nations, industry and all those concerned with the protection of our natural environment.
The old free-for-all system set the stage for conflict by waiting until miners were invested in their properties before asking for Indigenous consent. It was a clear violation of the principles of Indigenous consent inherent in the United Nations Declaration on the Rights of Indigenous Peoples, which B.C. agreed to uphold in 2019.
Legislating the inclusion of Indigenous communities in the mineral claims process is a big step forward, but to succeed, they will also need adequate funding, capacity, and most importantly, the opportunity to make decisions about how this framework is implemented.
Countless generations of Indigenous peoples have lived on and learned from the lands we all call home. Bringing local voices with deep connections to the land to the decision making table is of utmost importance if we hope to protect B.C.’s most vulnerable habitats and ethically manage the resources they contain.