IRN Provides Feedback to New B.C. Minerals Claims Consultation Framework; Government must balance Indigenous Consultation with Need for Predictable Rules and Timelines

February 25, 2025

Calgary, AB – The Indigenous Resource Network (IRN) provided a formal response on February 7th to the B.C. government’s draft mineral claims consultation framework. The framework was in response to the 2023 B.C. Supreme Court ruling in Gitxaala v British Columbia (Chief Gold Commissioner) that found that B.C.’s mineral claims system did not meet the constitutional duty to consult Indigenous peoples in the province. The court gave the province 18 months to revise its policies to better reflect Indigenous consultation. The B.C. Supreme Court gave the province until the end of March this year to unveil and implement a working system.

The IRN provided substantive feedback to the draft framework that B.C. had developed. The Network is an independent, non-political organization that advocates for Indigenous resource workers and businesses, including those within the mining sector. The IRN is concerned about any revised policies and their impacts on B.C. Indigenous workers in the mining sector. We understand that staking mineral claims is the first expression of mining interest in a long process, so it is very important the government gets these revisions right.

We support the Indigenous right in consultation and accommodation but also realize the mining sector needs predictable and stable rules to ensure B.C. remains an attractive destination for mining exploration and investment. Indigenous workers in mining as well as Indigenous communities stand to lose if B.C. begins to deter mining investment and activity, including exploration.

Here is a link to the IRN’s response on the framework in PDF format. This reply was sent on February 7, 2025, and was directed to the Mineral Tenure Act Modernization Office with the B.C. Ministry of Mines and Critical Minerals.

In brief, the Network is most concerned about the capacity of First Nation and Metis communities to respond to consultation packages they will need to respond to within a certain amount of time. Indigenous communities need financial and human resources assistance to perform their part. B.C. should ensure the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) with its requirement of Free, Prior, and Informed Consent be integrated into the framework. Finally, we would call on the bureaucracy to keep to its timelines and ensure there are no unnecessary delays in the process. Moreover, to ensure consultation is effective and consent is arrived at, we urge the government to allow First Nation and Metis communities to best define who their decision makers should be.

Finally, we hope that the B.C. government works on balancing the need for Indigenous consultation and the needs of the industry to have a stable mining policy environment. We believe that a system that respects both needs will best protect mining exploration and investment. This will protect both Indigenous and non-Indigenous jobs in the B.C. mining sector. We hope they find the necessary balance in the final framework.

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For further information or media inquiries, please contact:
Joseph Quesnel, External Relations Coordinator
josephquesnel@irnetwork.ca or 902-995-0057

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