News

ACCOMMODATION OR SAME-O. GITXAN HOPEFUL.

For Immediate Release
Friday, December 06, 2002

Mr. Justice Tysoe will deliver his decision on YAL et al v. Minister of Forests at 9:00 am, Tuesday, December 10, 2002 at the Supreme Court of British Columbia, Smithers, BC.

Eight Gitxsan Hereditary Chiefs, on behalf of all Gitxsan, petitioned the Supreme Court of British Columbia in May, 2002: that British Columbia is in breach of its constitutional and fiduciary obligations by consenting to the transfer of control of the forest tenure without proper consultation as outlined by the Supreme Court of Canada’s Delgamuukw decision of December 11, 1997. The petition also asked the province to supply a number of documents that relate to consultation, such as any agreements between BC and NWBC Timber on the tenure transfer.

“No key documents were forwarded to us. We don’t know what happened in the background regarding grants or concessions the province gave for the next 20 years,” says Gordon Sebastian, Gitxsan Legal Counsel. “We’ve been ready since 1982 for meaningful consultation. In this case of transfer of forest tenure, none of the House Groups were ever invited to a meeting to deal specifically with the effect on their territories.”

A remedy, not provided for in Haida, would force the Attorney General of BC to obtain a balance: sustain Gitxsan hereditary rights to the land and at the same time allow harvesting of timber to continue. A lack of remedy is akin to extinguishment of aboriginal rights by the court.

Simogyet Dinimget, Art Matthews of Gitwangak, BC, petitioner, concludes, "The Crown needs a policy to accommodate the Gitxsan hereditary system and their Rights and Title. Once that is in place, I expect that treaty negotiations will accelerate. Until then, it will be same-o, same-o: Denial and uncertainty."

Simogyat Wii Elast, Jim Angus of Kispiox, petitioner, argues, "We need relief from the severe economic depression besieging the Gitxsan but not at any cost. Economic development must unfold in a manner that accommodates Gitxsan Rights and Title. I hope Mr. Justice Tysoe is bold enough to make pronouncements in that vein."

Simogyet Yoobx (Elmer Derrick), is hopeful that "Mr. Justice Tysoe will give remedy in the amount of $5 million for the Gitxsan to build capacity over the next three years to sustain themselves pursuant to the Forest Act. As well, Mr. Justice Tysoe should order the government to establish an Aboriginal Rights Review Board with the power to balance and sustain the rights of forest licenses along with aboriginal interests in the land."

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For more information, contact:

Simogyet Dinimget (Art Matthews), petitioner, Tel 1.250.849.5955, dinimget@navigata.net
Simogyat Wii Elast, (Jim Angus), petitioner, 1.250.842.6148
Simogyet Yoobx (Elmer Derrick), yoobx@gitxsan.com or 1.250.635.5532