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Gitxsan Territories

News release

Gitxsan Territories – Gitxsan hereditary chiefs are determined that a Supreme Court of Canada decision on aboriginal rights and title released today will prompt the provincial government into taking treaty negotiations seriously so progress can be made for the betterment of all those living in northwest BC.

The SCC unanimously upheld that the province has a duty to consult and accommodate First Nations before sanctioning resource development activities on traditional territories reinforcing what the top court in the land had ruled in the Gitxsan’s 1997 Delgamuukw decision.

“The duty to consult and accommodate can’t be taken after everything is settled,” said Gitxsan treaty negotiator Gwaans (Beverly Clifton-Percival). “It must occur now. It has to occur prior to a project going ahead on our territories, through the project and after the project. We’ve already established prima facie title to the land in previous court decisions.”

The case decided today involved forestry and mining activities on Haida and Tlingit territory and was one in which BC and other provinces were arguing for a watered-down consultative process that only applied to areas where First Nations had already proven aboriginal rights and title in the court – an argument which would have rendered consultation meaningless as most aboriginal groups in BC have no treaties with the province. The Supreme Court judges emphatically rejected the province’s argument.

In the Haida forestry decision Chief Justice Beverley McLachlin wrote that the Crown must act honorably and “cannot cavalierly run roughshod over Aboriginal interests where claims affecting these interests are being seriously pursued in the process of treaty negotiation and proof. It must respect these potential, but yet unproven, interests.”

Gwaans said the Gitxsan hereditary chiefs are anxious to hear BC’s response to this directive from the SCC.

“We want the Crown to take note of this and act accordingly. The Gitxsan have been clear and specific about our rights and title for more than 30 years. The silence from Canada and BC has been deafening.”

In the Tlingit mining case the Chief Justice emphasized that accommodation of First Nations rights involves specific actions by the Crown such as making adaptations to environmental assessment processes.

“Mining is the next big front for us whether it is projects like the proposed Kemess North development or oil and gas exploration in Hecate Strait that will impact our fisheries,” said Gwaans. “This decision reinforces that the Gitxsan must be seriously engaged by the province in these projects and our rights and title, as determined by us, must be accommodated.”

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For more information:
Gwaans (Beverly Clifton-Percival), treaty negotiator, Gitxsan Chiefs’ Office, (250) 847-0603
Gordon Sebastian, Gitxsan Chiefs’ Office executive director, (250) 842-6780, (250) 847-9224