The province saw a 70 per cent increase in staked land the year the mineral claims process went online — modernizing a 19th century law but leaving its values deeply rooted in the past
How long does it take to become a miner in B.C.? Less than the time it takes for a cup of coffee to get cold.
While The Narwhal’s reporter was able to use the tools of the 21st century to stake a mineral claim, the law that allowed them to do that goes back to the 1850s. Marsden says the law “paved the way for people from all over the world to come in and access Indigenous lands without consent.”‘Exponential’ increase in claims staked since system went online
Moving to the online system was an attempt by the province to revitalize the mining industry. “Mineral Titles Online is just one small part of that whole procedure to bring that confidence back, that gusto, that zest that those miners bring to British Columbia in doing what they do so well; and that's going out on a huge land base and actually finding minerals,” Richard Neufeld, the former minister of energy and mines, said when the changes were announced in 2004.
It’s also important to look at specific areas to see where mineral claims are, Skuce says. While the numbers show an overview of the province, there are areas that are likely seeing concentrations of mining claims. Skuce points to the Iskut River Watershed in Tahltan Nation territory as a hotspot for claims. In November 2019, mining tenures took up almost 50 per cent of the watershed.
There are a few restrictions on claim holders, including: they can’t access orchard land or “land under cultivation,” heritage properties or an area within 75 metres of a residence. However, the restrictions don’t stop someone from claiming mineral title on these lands, private property or even, “underneath someone’s house,” Smith says. “It's not that you haven't staked a claim there,” Smith says. “You actually do technically own the minerals under their house.
In 2017, a group of First Nations women turned the tables by staking a claim on then-minister of energy and mines Bill Bennett’s property. “We wanted to show how ridiculously easy it is to stake a claim on someone’s land. This should give politicians and all British Columbians an idea of how unfair the process is,” said Bev Sellars, chair of First Nations Women Advocating Responsible Mining, in a press release.
While they never ended up staking a claim, The Narwhal’s reporter scoped an area the province considered fair game for prospectors. It was on unceded Indigenous territory, unlikely to have any significant mineral resources and included wetlands and a creek that feeds into a salmon river. Since the reporter first looked at the spot and reached out to the Indigenous community in 2021, a Vancouver-based exploration company staked the area and hundreds of surrounding hectares.
But the process of staking can still be the source of many conflicts, Skuce says. Communities have different land use priorities or values for the area but anyone with a mining title can get in the way. Last August, the hereditary chiefs decided not to wait for the provincial government and declared creation of the Wilp Wii Litsxw Meziadin Indigenous Protected Area.The current B.C. government has promised reform. In 2022 it published the Declaration on the Rights of Indigenous Peoples Act Action Plan. Action 214 commits the Ministry of Energy, Mines and Low Carbon Innovation to “Modernize the Mineral Tenure Act in consultation and co-operation with First Nations and First Nations organizations.
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