Congratulations to Gitxaala Nation and Ehattesaht First Nation for their win today at the British Columbia Court of Appeal in Gitxaala v British Columbia (Chief Gold Commissioner), 2025 BCCA 430.

Friday, December 5, 2025

OKT congratulates Gitxaala Nation and Ehattesaht First Nation for their win today at the British Columbia Court of Appeal in Gitxaala v British Columbia (Chief Gold Commissioner), 2025 BCCA 430.

OKT lawyers Kevin Hille and Jesse Abell were honoured to represent intervener Cheona Metals Inc in the appeal. Cheona Metals is committed to an UNDRIP-compliant mining regime, and supported the First Nations on the appeal. Cheona Metals made submissions about the status of UNDRIP in Canadian and BC law, the significance of the presumption of conformity, customary international law, and international treaties and conventions in domestic law. The majority of the Court found that UNDRIP is part of BC and Canadian law with immediate legal effect, and attracts the presumption of conformity. This means that UNDRIP provides the “minimum standards” against which BC laws must be measured. As a result, the majority found that BC’s mineral claims regime is inconsistent with UNDRIP.

Click on the link below to read the decision:
https://www.bccourts.ca/jdb-txt/ca/25/04/2025BCCA0430.htm