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

Environment Canada has issued a special weather statement for Greater Victoria with unusually high temperatures expected Monday and this coming weekend. (Black Press Media file photo)
Greater Victoria’s first week of summer will be a scorcher

Special weather statement issued Monday by Environment Canada

A report on food security in Sooke reveals that nearly 15 per cent of people in Sooke have trouble getting food on the table. (The Canadian Press)
Food security a growing challenge in Sooke

‘This isn’t going to get any better if we don’t do anything about it’

A rendering shows what the Doral Forest Park development would look like from the southwest. (Rendering via D’AMBROSIO Architecture & Urbanism)
Beaver Lake area project passes next hurdle in Saanich

Council approval for 242-unit parks edge development hinges on meeting of conditions

A health-care worker takes part in HeArt Therapy session conducted by Shirley artist Sheila Thomas. (Contributed - Lorrie Beauchamp)
A creative ‘thanks’ to Vancouver Island’s essential workers

Artist Sheila Thomas creates therapy art session for workers on pandemic’s frontlines

Victoria police are looking for the owner of a pink and white bike they recovered in North Park. (Courtesy of VicPD)
Victoria police searching for owner of child’s bike

Officers recovered the pink and white bike in North Park

Jesse Roper tackles weeds in his garden to kick off the 2021 season of What’s In My Garden Man? (YouTube/Whats In My Garden)
VIDEO: Metchosin singer-songwriter Jesse Roper invites gardeners into his plot

What’s In My Garden, Man? kicks off with the poop on compost

The Crofton trailer park home where the bodies of two people were found. (Photo by Don Bodger)
Mom still waiting for answers after daughter and her fiance found dead in Crofton

Pair discovered dead in their Crofton home in May identified as Rachel Gardner and Paul Jenkins

The Sacred Hearts church on PIB land burned Monday morning. (Theresa May Jack/Facebook)
Two churches on First Nation land in South Okanagan burn to the ground

Sacred Hearts church on Penticton Indian Band land was reduced to rubble

Tl’etinqox-lead ceremony at the site of the former St. Joseph’s Mission in Williams Lake, B.C., June 18, 2021. (Angie Mindus photo - Williams Lake Tribune)
‘We are all one people’: Honouring residential school victims and survivors

Love, support and curiousity: Canadians urged to learn about residential schools and their impact

Indigenous rights and climate activists gathered outside Liberty Mutual’s office in Vancouver to pressure the insurance giant to stop covering Trans Mountain. (Photo by Andrew Larigakis)
Activists work to ensure Trans Mountain won’t get insurance

Global campaign urging insurance providers to stay away from Canadian pipeline project

In the first election with public money replacing corporate or union donations, B.C. Liberal leader Andrew Wilkinson, B.C. Greens leader Sonia Furstenau and B.C. NDP leader John Horgan take part in election debate at the University of B.C., Oct. 13, 2020. (THE CANADIAN PRESS)
B.C. MLAs ponder 2022 ‘sunset’ of subsidy for political parties

NDP, B.C. Fed call for increase, B.C. Liberals have no comment

Investigators use a bucket to help recover human remains at a home burned in the Camp fire, Thursday, Nov. 15, 2018, in Magalia, Calif. Many of the missing in the deadly Northern California wildfire are elderly residents in Magalia, a forested town of about 11,000 north of the destroyed town of Paradise. (AP Photo/John Locher)
‘Forever War’ with fire has California battling forests instead

Five of the state’s largest-ever blazes seared California last year, as authorities tackle prevention

Tokyo 2020 President Seiko Hashimoto and IOC President Thomas Bach, on a screen, speak during a five=party online meeting at Harumi Island Triton Square Tower Y in Tokyo Monday, June 21, 2021. The Tokyo Olympics will allow some local fans to attend when the games open in just over a month, Tokyo organizing committee officials and the IOC said on Monday. (Rodrigo Reyes Marin/Pool Photo via AP)
Tokyo Olympics to allow Japanese fans only, with strict limits

Organizers set a limit of 50% capacity — up to a maximum of 10,000 fans

Most Read