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B.C. and Haida Nation Release Haida Title Lands Agreement

On March 28, 2024, British Columbia B.C. and the Council of the Haida Nation Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement Draft Agreement which along with supporting legislation formally recognizes Haida Nation as the holder of Haida Title throughout Haida Gwaii. The Draft Agreement also confirms the transition over time of land- and resource-related governance powers from B.C. to Haida Nation as a result of the title recognition. ....

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A New Test for Injunctions Against Defamation in British Columbia

Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 16 Pet Food, establishes a new test for pre-trial injunctions against defamatory speech in British Columbia. ....

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B.C. Provides Indigenous Nations Larger Role in Emergency Management

On October 4, 2023, B.C. s Minister of Emergency Management introduced substantial changes to the province s emergency preparedness legislation. Bill 31-2023, the Emergency and Disaster Management Act, EDMA, if passed, will replace the Emergency Program Act, RSBC 1996, c 111 the EPA, which has governed B.C. s emergency response regime for the last three decades. EDMA was co-designed with Indigenous Nations in accordance with the Province s action plan developed under the Declaration on the Rights of Indigenous Peoples Act, SBC 2019, c 44 DRIPA. ....

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Redesigning British Columbia's Mineral Exploration System

On September 26, 2023, the British Columbia Supreme Court issued a ruling in Gitxaala v. British Columbia Chief Gold Commissioner that will affect the future of mining in British Columbia. In this case, the court found the administration of the province s mineral tenure regime to breach the Crown s duty to consult with Indigenous peoples. The decision requires the Province to amend its mineral claims system to address the lack of consultation with Indigenous peoples prior to the granting of a mineral claim; something the Province was already in the process of addressing. ....

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