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

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

The end of an Echo
The end of an Echo

Invermere Valley Echo shuts down operations in Columbia Valley

Creating a new narrative for Canal Flats

Economic development consultant hired, lists vision for next 90 days

Princeton wildfire phots courtesy of Debbie Lyon.
UPDATE: Crews battle as wildfires rage in B.C. Interior

Crews brace for another day on B.C. firelines as no let up is likely

VIDEO: B.C. wildfires by the numbers
VIDEO: B.C. wildfires by the numbers

Wildfires continue to engulf regions of B.C.’s forests and communities.

Aerial view south of Williams Lake Friday afternoon shows dry lightning storm passing over, leaving fire starts behind. Lightning sparked more than 100 new fires Friday. (Black Press)
VIDEO: More than 180 wildfires burning across B.C.

Firefighters from other provinces called in to assist

DTSS Grad March 2017
DTSS Grad March 2017

DTSS Grad March 2017

59 cats seized in Chase
59 cats seized in Chase

59 neglected and injured cats were seized from a property in Chase

(Flickr/Andreas Eldh)
Soundgarden singer Chris Cornell dead at age 52

The singer/songwriter passed away early Thursday morning in Detroit

Paying tribute to a primeval passage
Paying tribute to a primeval passage

Uninterrupted celebrates the Adams River sockeye run in an extraordinary way.

UPDATE: Pemberton Music Festival cancelled, no automatic refunds
UPDATE: Pemberton Music Festival cancelled, no automatic refunds

In the past, the music festival located in Pemberton drew large crowds last year of 180,000 fans

Photo by: WeissPaarz.com
Medical wait times cost B.C. patients $2,300 each

New Fraser Institute report places B.C. at second worst in costs associated with long wait times

UPDATE: 22 killed at Ariana Grande concert
UPDATE: 22 killed at Ariana Grande concert

Witnesses reported hearing two loud bangs coming from near the arena’s bars at about 10:35 p.m.

A university study finds that about nine per cent of Canada’s Grade 11 and 12 students – roughly 66,000 teens – have driven within an hour of drinking and 9.4 per cent drove after using marijuana.                                 Photo: Now-
Leader file
One in three Canadian high school students have rode with drinking drivers, study reveals

Nearly one in five rode with a driver who’d been smoking pot

Top court to hear federal government’s appeal on residential school records
Top court to hear federal government’s appeal on residential school records

A lower court judge ruled to destroy the stories after 15 years unless consent is given to preserve

Most Read