B.C. at a Crossroads: Indigenous Leaders Defend Declaration Act Amid Mining Shift

by John Wirth, Local Journalism Initiative Reporter

(ANNews) – Indigenous leaders in British Columbia are calling on the provincial government to stand firm on the Declaration Act following a landmark court ruling and a 45% drop in new mining claims. As the province transitions to a new mineral tenure system in 2026, a debate is erupting over whether Indigenous rights are inflaming economic uncertainty – or curing it.

The tension follows a major December 2025 Court of Appeal ruling in the Gitxaała case. The court confirmed that the Declaration Act is not just a symbolic collection of goals, but a law that applies to all provincial decision-making – including the controversial Mineral Tenure Act (MTA).

For decades, dating back to the province’s colonial beginnings, B.C. has used a “free entry” system that allowed miners to stake claims instantly. In the digital age, this became a “click-to-claim” system. That process was ruled illegal last year for failing to consult the First Nations who live on and maintain these lands.

Under the new Mineral Claims Consultation Framework (MCCF), new claims are now subject to a 30-day consultation window. During this time, Nations are asked to share the importance of specific claim areas – for example, identifying sensitive caribou habitats, salmon spawning grounds, or sacred sites.

At the heart of the conflict is a clash of perspectives: industry players are worried about delays, while First Nations say the law is finally working as intended. The influx of requests has predictably flooded Indigenous offices; according to a Ministry of Mining and Critical Minerals report released in late 2025, new claims now average 127 days for a response.

Industry leaders fear that exploration will drop because the “free entry” system is gone, potentially driving investors to other provinces. Consequently, some are asking Premier David Eby to “amend” the Declaration Act to remove this friction.

However, the Union of BC Indian Chiefs (UBCIC) stated in a joint release that blaming First Nations for this uncertainty is a “negative narrative.” They argue that without this law, there would be even more lawsuits and conflict. The UBCIC asserts that the law provides a “clear, principled pathway,” noting that “difficult moments can provoke fear-based reactions that risk undoing hard-won progress.”

As 2026 begins, the B.C. government faces a stark decision: uphold the current framework or bow to corporate pressure to amend the law. Indigenous leadership maintains that the only way forward is through negotiation and shared prosperity, rather than “fear-based” policy shifts.