Xeni Gwet’in Chief Roger William (left) drums to open a meeting on the Prosperity Mine proposal in Ottawa while Tsilhqo’tin Tribal Chair Joe Alphonse and then-National Chief Shawn Atleo look on

Aboriginal groups celebrate land title ruling

Tsilhqot'in decision rejects B.C. position that title is restricted to settlement areas, includes broad hunting, fishing territories

Aboriginal communities across B.C. are celebrating a court ruling that redefines ownership of their traditional territory outside reserves.

The Supreme Court of Canada has upheld the Tsilhqot’in Nation’s claim to aboriginal title over the Nemiah Valley west of Williams Lake, in a landmark decision with effects across the province.

In a unanimous decision, the country’s highest court rejected the B.C. government’s argument that aboriginal title should be restricted to settlement sites and other places frequently occupied by semi-nomadic aboriginal people.

Joe Alphonse, tribal chief of the Tsilhqot’in Nation, said the ruling is a victory in a struggle that had its roots in deadly conflict with a wave of gold seekers during the 1860s. He said the communities need more control over resources to support more people living on reserves.

“We didn’t fight in this case to separate from Canada,” Alphonse told a news conference in Vancouver Thursday. “We fought in this case to get recognized, to be treated as equals in a meaningful way.”

Settlement sites and others used for hunting and fishing were exhaustively studied in a 2003 B.C. court case that granted broad title but was later overturned by the B.C. Court of Appeal.

“The Province’s criticisms of the trial judge’s findings on the facts are primarily rooted in the erroneous thesis that only specific, intensively occupied areas can support Aboriginal title,” the eight Supreme Court of Canada justices agreed in a unanimous ruling released Thursday.

The Tsilhqot’in case was strengthened by evidence that “prior to the assertion of sovereignty the Tsilhqot’in people repelled other people from their land and demanded permission from outsiders who wished to pass over it,” the judges wrote.

The case began in 1983 when the B.C. government issued timber permits for the region and the Xeni Gwet’in, one of six Tsilhqot’in communities, went to court to stop the logging.

Haida Nation president Peter Lantin said the Tsilhqot’in case strengthens his island community’s title claim, which is being prepared for trial. The Haida claim includes the surrounding ocean off B.C.’s North Coast, which Lantin expects to use against plans for oil tankers from the Enbridge Northern Gateway proposal.

Despite the long-running dispute and the Tsilhqot’in Nation’s refusal to take part in treaty talks, the B.C. aboriginal relations ministry signed a three-year “stewardship agreement” with the group June 10. The agreement gives the Tsilhqot’in $670,000 per year to implement a forestry strategy and other resource development.

B.C. Attorney General Suzanne Anton said the Tsilhqot’in ruling, like other aboriginal title cases, emphasizes that negotiated settlements are preferable to court action to settle claims in the majority of the province that are not covered by treaties.

NDP leader John Horgan said the decision shows the B.C. government should have accepted the 2007 decision by B.C. Supreme Court Justice David Vickers.

“Instead, the B.C. Liberal government wasted millions of scarce tax dollars and created seven more years of uncertainty for investors and communities, by blindly pursuing a legal theory that was unanimously and soundly rejected today by the Supreme Court of  Canada,” Horgan said.

 

 

 

Just Posted

Chilliwack-Kent MLA unimpressed with ‘classic NDP high-tax-and-spend budget’

Laurie Throness said there was nothing in Tuesday’s presentation for Chilliwack

ACES grows the love of gardening with annual seed exchange

The event will be returning to Harrison Mills Community Hall on March 1

Murder charge formally dropped against woman accused in downtown Chilliwack killing

Stay of proceedings ordered for Victoria Purcell; Kirkland Russell to be sentenced for manslaughter

WATCH: Latest Heritage Minute episode filmed near Hope and features some dark local history

Airing on Feb. 20, the 60-second film tells the story of the Asahi and features the Tashme Museum

How much does your city spend per person on snow removal?

Black Press Media compares 2018 ice and snow removal budgets of various Lower Mainland communities

VIDEO: Wheelchairs teach Agassiz students acceptance through sport

Teacher Donna Gallamore brought wheelchairs to the Kent Elementary for learning and fun

Gwyneth Paltrow: Skier sued me to exploit my fame, wealth

The incident happened in Deer Valley Resort in Park City, Utah

Highway one will be closed tomorrow for avalanche control near Golden

The closure is expected to last for two hours

B.C. Seniors Advocate questions labour shortage in care homes

Are there really no workers, or are care aide wages too low?

B.C. business groups worry about looming economic decline in wake of NDP budget

The party’s second government budget focused on plenty of spending, business advocates say

Man injured in police shooting near Nelson has died: B.C. police watchdog

The death follows an incident in Bonnington on Feb. 13

Former NHL star Fleury in Surrey for conference on child abuse

At Surrey City Hall, two-day event hosted by Sophie’s Place Child and Youth Advocacy Centre

Experts urge caution after 10 human-triggered avalanches across B.C.

One man is still stuck after avalanche on south coast

‘It consumed my life’: Inside the world of gaming addiction

World Health Organization classifies gaming disorder as a mental health condition

Most Read