The builders of the Coastal Gaslink pipeline had gone through all the motions of getting the project approved, including securing the endorsement of the elected band council of the Wetʼsuwetʼen First Nation.
Nevertheless, the blockades began entirely because a minority faction of Wetʼsuwetʼen claimed hereditary status that superceded the power of the elected council. And as members of the Wet’suwet’en First Nation would write in a
2021 op-ed for the National Post, dissidents were allegedly misrepresenting their hereditary positions and the power it gave them within traditional Wet’suwet’en law.
Anyway, in an intriguing coda to the whole saga, a B.C. court just threw out the notion that Wetʼsuwetʼen traditions had any kind of standing in a Canadian legal context.
The court affirmed that attempting to use Indigenous law to overturn a contempt conviction for breaching a Canadian court order constitutes an impermissible "collateral attack".
Chief Dsta’hyl (a.k.a. Adam Gagnon) served six months house arreast for breaching CGL injunction
northernsentinel.com
During the appeal Dsta’hyl never put his conduct at issue; he very publicly acted contrary to the injunction. Nor did he challenge the trial judge’s conclusion that the mens rea (intent) for criminal contempt was proven beyond a reasonable doubt.
Rather, Dsta’hyl’s defence team submitted to the Court of Appeal (COA), that the trial judge erred by rejecting the oral history evidence he tendered to support his argument that he was acting in accordance with his duties as a chief (hereditary and not elected) and the Wet’suwet’en law of trespass and by concluding the common law could not expand to recognize this novel defence.
Next they'll try UNDRIPA.
UNDRIPA stands for the United Nations Declaration on the Rights of Indigenous Peoples Act (S.C. 2021, c. 14), a Canadian federal law passed in June 2021.523c7c
What it is
It affirms the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — a 2007 UN human rights instrument — as a "universal international human rights instrument with application in Canadian law."
The Act requires the Government of Canada to take measures to ensure federal laws align with UNDRIP and to develop/implement an action plan in partnership with Indigenous peoples.c9f8e0
It responds to Truth and Reconciliation Commission Calls to Action and aims to advance reconciliation.
Key elements
Purpose: Promote recognition of Indigenous rights, self-determination, free, prior, and informed consent (FPIC) in certain contexts, cultural protections, and address historical injustices.
Action Plan: Released in 2023 (covering 2023–2028), it includes 181 measures across shared, First Nations, Inuit, Métis, and Modern Treaty priorities.7b092e
It applies federally. Provinces/territories have their own approaches (e.g., British Columbia’s DRIPA — Declaration on the Rights of Indigenous Peoples Act, 2019 — which is similar but provincial in scope).392358
Context in British Columbia
Since you're in New Westminster, BC, note that BC’s DRIPA incorporates UNDRIP into provincial law, requiring laws to be interpreted consistently with it. Recent court decisions (e.g., 2025 BCCA) have confirmed it creates enforceable obligations.0b3927
UNDRIPA (and UNDRIP more broadly) is influential in areas like resource development, child and family services, land rights, and government-Indigenous relations, but implementation remains ongoing and sometimes contentious.
If you have a more specific question (e.g., about its impact on a certain sector, the Action Plan details, or BC comparisons), let me know!