Tsilhqot’in Land Claim News Round-up

The news and reaction related to the Xeni Gwet’in land claim decision is starting. Here’s a round up. (Note: most recent stories are on top.)

(News from November 24 onwards is summarized here.)

November 23, 2007

Aboriginal hangings 143 years ago sour some B.C. natives on treaty negotiations (Canadian Press)

The bad blood from 1864 squeezed to the surface again this week as members of a B.C. aboriginal band that makes its home in the rugged but remote plateau lands near Williams Lake spoke about betrayal at the treaty table.

The band had just been handed a victory by a B.C. Supreme Court judge following a case that dragged on almost five years. The band had chosen the court route, rather than talks at a treaty table.

Joe Alphonse, a government member of the Xeni Gwet’in First Nation, said his people have never forgotten what happened when their ancestors were invited to negotiate with non-aboriginals.

Land claims judge acknowledges he brought views with him (Vaughn Palmer, Vancouver Sun)

“In acting as though it had constitutional authority over aboriginal lands in B.C., the province has skated on thin ice for over a century. In reality, it appears that the province has been violating aboriginal title in an unconstitutional and therefore illegal fashion ever since it joined Canada in 1871.”

The author of those words is Kent McNeil, law professor and author. But [Justice] Vickers says “I agree with Professor Kent McNeil,” before quoting the passage cited above.

Which is an extraordinary statement for a Supreme Court judge to make, particularly when you consider that David Vickers served as B.C. deputy attorney-general from 1973 to 1977.

First Nation ruling could send ‘ripples’ through treaty deals (Canwest News Service)

[Plaintiff] William’s lawyer, Jack Woodward, said the judge stopped short of transferring title because of a technicality, and that the ruling essentially tells the governments to hand over the land.

“It’s a breathtaking victory for First Nations and will change the way the Crown deals with First Nations in British Columbia and across Canada,” Mr. Woodward said, adding the case will send ripples though all treaty negotiations in the country.

November 22, 2007

Some B.C. First Nations hail court case while others celebrate treaty (Canadian Press)

The dividing line between B.C. aboriginal groups on how to fight for their historic rights couldn’t have been more clearly defined than by two events Wednesday.

Six First Nations from the central B.C. Interior hailed the end of a 17-year legal fight as a victory for aboriginal rights, title and control of native territory. Meanwhile, leaders of five Vancouver Island First Nations stubbornly defended their decision to sign a treaty rather than continue their battles through the courts.

Xeni’gwetin title is “a simple, straightforward acknowledgment of an historical fact.” (Terry Glavin)

Judgment Day for Treaty Process (theTyee.ca)

Justice David Vickers criticized the provincial and federal governments for a “postage stamp approach to Aboriginal title” that tries to place excessive limits on the amount of territory conceded to First Nations.

Judgment presents serious challenge to B.C. forestry regime (Vaughn Palmer, Vancouver Sun)

[Justice Vickers] ruled against the entire provincial forestry regime — tenure, harvesting rules, land use planning, timber supply and sustainability — as it infringes on aboriginal title.

…

I expect the natives will rush to court to try to overturn the part that went against them and translate the findings into a full-blown declaration of aboriginal title.

Court ruling challenges Victoria to move faster on native treaties (Vancouver Sun)

[Justice] Vickers suggested British Columbia has been violating aboriginal title in an unconstitutional and illegal manner since it joined Confederation in 1871.

Judge’s findings back treaty process (Victoria Times Colonist)

It might be a fine point, but [the judge] didn’t just rule out the Tsilhqot’in argument for aboriginal title. What he said exactly was; “I have been unable to make a declaration of Tsilhqot’in aboriginal title.”

The inference is he would have if he could have. But it apparently got hung up on the plaintiff’s all-or-nothing position, and they lost on fairly narrow grounds. Their claim for damages was denied as well. The justice offered the opinion that aboriginal title exists in some abstract sense, which the plaintiffs will claim as a victory. But it was a small-O opinion, not a definitive verdict.

Court gives band a boost in quest for title to land (Vancouver Sun)

The decision means the band will continue to maintain hunting and trapping rights on the land, but will have to enter negotiations if it wants full ownership.

Legal odyssey ends with advice to get a treaty (Vancouver Sun)

“While I make no declaration of Aboriginal title in this action, I do express an opinion as to where such title may exist,” the [Justice David Vickers] said.

Most importantly, he told everybody to go negotiate a treaty in the interests of post-colonial reconciliation.

Natives win key ruling over B.C. land claim, with caveats (Globe and Mail)

An all-or-nothing bid for control of a pristine valley in British Columbia’s central Interior resulted in a muddied victory for the native band that invested 17 years in the battle.

…

But in an unusual verdict, following the 339-day-long trial, Judge Vickers limited his findings of title to a non-binding opinion, and directed the parties to negotiate based on his ruling.

Huge win for Interior natives: B.C. land-claims process ‘dead,’ says grand chief (Vancouver Province)

“What the judgment confirms is what we already know,” [Grand Chief Stewart Phillip of the Union of BC Indian Chiefs] said. “The full measure of aboriginal title is a legal reality in B.C.

“Why would any First Nation be foolish enough to ratify any [treaty] settlement for less than five per cent of their territory when the Xeni Gwet’in [have] achieved recognition of their title to 50 per cent of their territory?

“Clearly the [treaty] process is dead.”

November 21, 2007

Some B.C. First Nations hail court case while others celebrate treaty (Montreal West Island Chronicle and Canadian Press)

Tsilhqot’in Chief Roger William, holding an animal-skin drum, said his people have always considered the land in question as their own and he believes the court ruling upholds that belief.

“Nothing is going to happen in this area without our approval,” he told reporters in the Tsilhqot’in’s lawyer’s office.

Interior natives win title and rights to large swath of B.C. land (Canadian Press)

Jack Woodward, a lawyer for the bands, says the aboriginal rights decision is unprecedented because it gives an huge amount of power to the First Nation to control its own territory.

Woodward says the province has been instructed by the court to manage the territory to preserve the resources necessary for the natives to exercise their rights.

B.C. First Nations win historic land victory (CBC.ca)

The lawyer for the First Nations, Jack Woodward, said only a legal technicality prevented the court from making an outright declaration that the First Nation has title.

Chilko Lake First Nation to assume control of a large chunk of territory (Vaughn Palmer, Vancouver Sun)

The courts have earlier recognized the existence of aboriginal title over B.C. in general terms, reflecting the historical fact that the native inhabitants were supplanted without treaties or other legal formalities.

But no Canadian court has recognized aboriginal title on the part of a specific group of natives over a specifically defined area of land.

Until now. Justice David Vickers of the B.C. Supreme Court is expected to do just that in a lengthy decision scheduled for release this morning.

Two land claims take two very different paths: Negotiations led to the Maa-nulth Treaty, while a court is set to decide who owns the Nemiah Valley. Is one way superior to the other? (Globe and Mail)

A landmark court ruling on land claims is expected today to give a small band in B.C.’s central Interior substantial powers to manage a large tract of their traditional lands, while sending reverberations throughout Canada’s treaty process.

On a day when the B.C. government had hoped to bask in a celebration as the recently negotiated Maa-nulth Treaty is tabled in the legislature this afternoon, Mr. Justice David Vickers of B.C. Supreme Court is set to release his 473-page judgment on an aboriginal title case filed by Chief Roger William and the Xeni Gwet’in First Nation.

UBCIC Celebrates Xeni Gwet’in Court Victory (Union of BC Indian Chiefs Release)

“The Union of BC Indian Chiefs congratulates Xeni Gwet’in and Chief Roger William on their hard-earned court victory today. Today’s judgment is another nail in the coffin for the BC Treaty Process. Clearly the process is dead,” stated Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs.

“What the judgment confirms is what we already know, the full measure of Aboriginal Title is a legal reality in BC and BC has no jurisdiction on our lands,” said Grand Chief Phillip. “The astonishing inconsistencies between this decision and the two Final Agreements are absolutely monumental - why would any First Nation be foolish enough to ratify any BCTC settlement agreement for less than 5% of their territory when the Xeni Gwet’in has achieved recognition of their Aboriginal Title to 50% of their territory?”

(Thanks, as always, to the Union of BC Indian Chiefs and the Protecting Knowledge News Group for aggregating and archiving so many of these stories. NationTalk.ca also provides links to many of these stories.)

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