Tsilhqot'in Title Court Case
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The Supreme Court of Canada announced that judgment in the William appeal will be delivered at 9:45 a.m. EDT on Thursday, June 26, 2014. This is subject to change.
A summary of the case for title is available at: http://scc.lexum.org/decisia-scc-csc/scc-csc/news/en/item/4644/index.do
FONV has been a strong advocate for recognition of Tsilhqot'in title in the Xeni Gwet'in stewardship area since our inception in 2000. Thanks to you, our many supporters, we have been able to contribute financially and otherwise to many of the legal proceedings that were required to get to this point. While we anxiously await the SCC's ruling, our commitment remains strong regardless of this judgement although, based on watching the case presented in Ottawa last November, we expect the court to find favourably!Following is a summary of the case to date:
2002: The Xeni Gwet'in First Nations (XGFNG) and Tsilhqot'in National Government (TNG) begin litigation for rights and title in B.C. Supreme Court, arguing that proposed commercial logging in their territory would be an infringement on their Aboriginal title and harm their right to hunt and trap.
2007: Justice David Vickers rules that Aboriginal title is proven in approximately 1/2 (200,000 sq. ha.) of the claimed title area. This is the first time Aboriginal title is recognized on the ground but Justice Vickers stops short of declaring title as the case was for recognition of title for the entire claimed area, not a portion thereof.
It is also found that B.C. has apparently been violating Aboriginal title in an unconstitutional, and therefore illegal fashion, since it joined Canada in 1871.
2012: The B.C. Court of Appeal overturns Justice Vickers ruling and holds that title can only be claimed to areas that were specifically occupied or used "intensively" and not to the broad lands between those areas that, to a "semi-nomadic" people, are integral to those very hunting, trapping and gathering rights. This is the "postage stamp" approach to Aboriginal title that the William case opposes in this appeal.
2013: The SCC hears the appeal of the B.C. court "postage stamp" ruling on November 7th. The only issue before the court is that of Aboriginal title.
2014: June 26, the SCC judgement is rendered.
Pat Swift: info@fonv.ca