Gitxaala: A New Era For Enforcing UNDRIP Rights?

• Published date: 23 December 2025
• Subject Matter: Government, Public Sector, Indigenous Peoples
• Law Firm: Fogler, Rubinoff LLP
• Author: Adam Wheeler

The British Columbia Court of Appeal's recent decision in Gitxaala v British Columbia (Chief Gold Commissioner) ("Gitxaala") dramatically increases the ability of Indigenous rights and title holders to use the United Nations Declaration on the Rights of Indigenous People ("UNDRIP") to advance and protect their interests. This article summarizes the decision and highlights two ways we have begun using this decision in our advocacy in British Columbia and across the country:

1. UNDRIP may expand the Duty to Consult and Accommodate ("DTCA"); and
2. UNDRIP may be enforceable in the courts where the Crown is not delivering on its promise to recognize and implement UNDRIP rights.

What Did the Court of Appeal Say in Gitxaala?

The Gitxaala decision was released on December 5, 2025. The case concerned a challenge to British Columbia's mineral tenure regime, which permits automatic mineral claim registration within Indigenous territories without consultation. The appeal focused on the interpretation and legal effect of British Columbia's Declaration on the Rights of Indigenous Peoples Act ("DRIPA") and UNDRIP, including whether inconsistencies between these instruments and the regime operating under the Mineral Tenure Act could open the door to judicial review.

The majority of the Court held that the DRIPA...