A series of landmark court decisions in British Columbia is sending shockwaves through the foundations of private property law and resource development, raising urgent questions about security of ownership and provincial authority.
Property Title Thrown Into Question
In a move that has created significant turmoil, the British Columbia Supreme Court ruled in September 2025 that Aboriginal title on lands in Richmond holds a status that is "prior and senior" to fee simple interests. This legal interpretation suggests that Indigenous land claims could potentially override the ownership rights of homeowners, farmers, and industrial landowners. If this decision is upheld on appeal, it casts doubt on the security of private property anywhere a viable claim for Aboriginal title can be established.
Mining Regime Deemed Unlawful
The legal upheaval intensified in December 2025. The B.C. Court of Appeal delivered a split 2-to-1 decision in a case brought forward by the Gitxaala and Ehattesaht First Nations. The First Nations argued that the provincial mining regime was unlawful because it allowed miners to register claims on Crown land without prior consultation. The court agreed, declaring the regime inconsistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The court's reasoning was pivotal: it stated that B.C. legislation has effectively made UNDRIP the law of the province. This declaration, adopted by the UN General Assembly in 2007, outlines extensive rights for Indigenous peoples concerning lands, territories, resources, and self-government.
The Far-Reaching Implications of UNDRIP as Law
The practical implications of enshrining UNDRIP into provincial law are vast. The declaration asserts that Indigenous peoples "have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used". It mandates that states must "consult and cooperate in good faith" to obtain "free and informed consent" prior to approving any project affecting these lands.
Critics argue this creates a framework for extensive entitlements. Canada, under the Harper government, initially voted against UNDRIP in 2007 alongside the U.S., Australia, and New Zealand. However, the Trudeau government reversed Canada's position in 2016.
While UN declarations are not typically binding in domestic courts, B.C. took decisive steps to change that. In 2019, under then-Premier John Horgan and Attorney General David Eby, the province passed Bill 41, the Declaration on the Rights of Indigenous Peoples Act (DRIPA). This legislation committed the government to align provincial laws with UNDRIP. The bill passed unanimously.
A subsequent amendment to the B.C. Interpretation Act, sponsored by Eby, went further. It mandated that "Every Act and regulation must be construed as being consistent with the Declaration." This legal directive provided the foundation for the Court of Appeal's recent decision on the mining regime.
These legal developments represent a profound shift in the relationship between property law, resource development, and Indigenous rights in British Columbia. The outcomes of ongoing appeals and future applications of these principles will shape the economic and legal landscape of the province for years to come, creating a complex environment for landowners, investors, and policymakers alike.
