Tsilhqot’in Land Claim Analysis in the News

We are a few days removed from the delivery of the judgment in the Tsilhqot’in land claims case. Still, the news and analysis continues. A summary of news stories starting November 24, 2007 is provided here. Newer stories are at the top.

(Note: this post follows the Tsilhqot’in news round-up post.)

December 7

Dividing up B.C. by treaty or trial (Williams Lake Tribune)

And [lawyer] Woodward’s suggestion that land settlements will suddenly jump from five per cent of traditional territory to more like 50 per cent is likely bravado. For example, Vickers chose to ignore archaeological evidence of non-Tsihlqot’in aboriginal settlement in the region.

No one in government is disputing aboriginal title to land any more, but they recognize that the land was shared from semi-nomadic times.

November 30

Court ruling’s implications ‘huge’: Tsilhqot’in decision could lead to ‘new order of government’ (Whistler Question)

While the potential effects of the complex decision are still being explored, at least one local commentator this week said the ruling could lead to “enormous” changes to life as we know it in B.C. — including First Nations jurisdiction over large chunks of land. For the first time in history, First Nations could be in a position to develop their own laws and land use regulations, such as their own equivalent to the Forest Act, said Sheldon Tetreault, regional manager for the National Centre for First Nations Governance and former administrator for the Lil’wat Nation.

First Nations of British Columbia Issue Declaration Affirming Aboriginal Title (Press Release)

The First Nations Leadership Council has sent a letter on behalf of the First Nations of British Columbia to the Governments of Canada and British Columbia formally demanding the Crown;

1. Officially recognize Tsilhqot’in Aboriginal title in the areas the Court stated the Tsilhqot’in have proven title.

2. Recognize that First Nations in British Columbia have Aboriginal Title and Rights throughout their entire territories.

3. Commit to negotiations to settle the Land Question in B.C. as directed by the Courts based on true recognition and reconciliation of Aboriginal Title and Rights.

November 24, 2007

Vickers behind decades of prominent decisions (Justine Hunter, Globe and Mail)

B.C., first nation to talk outside courts (Jonathan Fowlie, Vancouver Sun)

Chief Roger William said that in a half-hour meeting with Campbell on Thursday — about 24 hours after the release of the ruling — both sides agreed not to appeal for at least four months.

Keep land claims out of the courts: Negotiated settlements save the lost time, money and hope of prolonged legal fights (Victoria Times Colonist)

Grand Chief Stewart Phillip has it wrong. The Tsilhqot’in land claim decision this week is not “a nail in the coffin” of the B.C. treaty process. Instead, it represents another chance to drive the process forward, in the interests of all parties.

A complicated victory (Justine Hunter, Globe and Mail)

It’s a landmark finding, but the judge attached an unusual and important caveat to his decision.

“The Court offers the opinion that Tsilhqot’in Aboriginal title does exist inside and outside the Claim Area,” he wrote.

And the judge concluded that title exists, not in the postage stamp-sized areas suggested by the Crown, but in wide swaths of territory where the provincial government would lose control over the resources that are still critical to B.C.’s economy.

But that opinion is non-binding. Judge Vickers urged the parties to negotiate a settlement: “Trials in a courtroom have the inevitable downside of producing winners and losers. My hope is that this judgment will shine new light on the path of reconciliation that lies ahead.”

Historic case defined William’s leadership (Justine Hunter, Globe and Mail)

To this day, the band is still without hydroelectric power. A satellite telephone system was installed in 2000. But it’s clear that anyone who wants to do business in the Xeni Gwet’in lands will have to deal with a people who are not preoccupied with progress.

Share This