(The
following article is from
the December 1-31,
2007
issue of People's Voice, Canada's leading communist newspaper. Articles
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Vancouver Bureau
The Tsilhqot'in (Chilcotin) First
Nation in central British Columbia has won a major legal battle in the
long struggle to defend their land and way of life. In a
precedent-setting decision, Justice David Vickers of the B.C. Supreme
Court ruled on Nov. 21 that the Tsilhqot'in people have proven
Aboriginal title to approximately 200 square kilometres in and around
the Nemiah Valley, south and west of Williams Lake. Justice Vickers
said he could not make a declaration of title, since the Tsilhqot'in
had presented an "all or nothing" legal demand for their full claim
area of 440 sq. km. But he stated that aboriginal title had been proven
through "continuous and exclusive occupation" in almost half the Claim
Area, and urged the province to negotiate on that basis.
The trial
lasted 339 days,
during which 29 Tsilhqot'in witnesses gave evidence, many in their
native language. More than 600 exhibits were entered, including one
containing over 1,000 historical documents. The evidence proved
conclusively that the Tsilhqot'in have never surrendered their
traditional territories to Britain or later to Canada.
"The court
has given us greater
control of our lands. From now on, nobody will come into our territory
to log or mine or explore for oil and gas, without seeking our
agreement," said Tsilhqot'in Chief Roger William. "The court recognized
that we have proven title in about half of the Claim Area - and from
today we accept our renewed responsibility and powers of ownership of
those lands."
Justice
Vickers ruled that the
Tsilhqot'in people have aboriginal rights, including the right to trade
furs to obtain a moderate livelihood, throughout the entire Claim Area.
He also found that B.C.'s Forest Act does not apply within Aboriginal
title lands, and that the province has unconstitutionally infringed the
Aboriginal rights and title of the Tsilhqot'in people since B.C. joined
Canada in 1871. Parliament, he ruled, has also failed to uphold its
constitutional responsibility to protect Aboriginal lands and
Aboriginal rights.
In contrast
to the rest of
Canada and the United States, colonial governments did not make
treaties with First Nations in most of British Columbia. Instead, they
simply denied that indigenous people own their lands, to allow easier
access to resources for corporations and ranchers. About 95 per cent of
the province has been considered provincial-controlled Crown land,
including surface timber and underlying mineral resources. But most of
these lands are subject to claims of aboriginal title.
While the
ruling may be
appealed, it marks the first Canadian court decision in favour of
aboriginal title. The lawsuit began as an attempt by the Tsilhqot'in to
block large-scale commercial logging on their traditional territory.
The Vickers ruling is a breakthrough for First Nations, since
modern-day treaties in British Columbia have averaged about 5 per cent
of the traditional territories claimed, plus cash compensation. In this
case, the Crown had accepted the band's claims to aboriginal rights to
hunt and fish in the valley, without conceding title.
"This is an
absolutely critical
decision and it may have significant ramifications for treaty
negotiations," Shawn Atleo, B.C. Chief of the Assembly of First
Nations, told the Globe and Mail
in an interview.
Found at:
http://www.peoplesvoice.ca/articleprint08/05__TSILHQOTIN_NATION_WINS_HISTORIC.html