The Battle Over DRIPA & Land Claims

Roy L Hales/ Cortes Currents - British Columbia is currently navigating a widening divide. On one side, the courts are handing down historic decisions affirming Indigenous rights. On the other, a growing wave of anxiety over private property and economic certainty. Today, we look at the fallout from the Gitxaala and Cowichan Tribes decisions—and the political battleground forming around the Declaration on the Rights of Indigenous Peoples Act (DRIPA). These are actually three separate topics: two court cases regarding the duty to consult before registering mining claims (Gitxaala versus British Columbia and the 2025 appeal); a court case regarding the Aboriginal title to an ancient village site that was sold out from beneath the Cowichan Tribes (Cowichan Tribes v. Canada); and DRIPA, the provincial legislative framework that formally adopts and implements the the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) The tension spiked following Cowichan Tribes v. Canada. For hundreds of years, the Cowichan tribes wintered in the Southern Gulf Islands and then regrouped at Tl’uqtinus village, in Richmond, during the warmer months. David Rosenberg, Senior Counsel for the Cowichan Tribes, explained, ‘These lands were settlement lands and settlement lands were supposed to be put aside for as reserves for First Nations.’ Instead, Tl’uqtinus was sold to settlers. The court has restored the 800 acres of the historic village site ‘over which they have proven sufficient and exclusive occupation,’ to the Cowichan Tribes.