thought provoking on American Thanksgiving

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Congradulations Xeni people...!!

Decision Reached in Historical Land Claim Case:

Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700

Victoria, British Columbia, November 21, 2007 - After a courageous and epic struggle, a small Tsilhqot'in First Nation that took on the governments of Canada and British Columbia to protect their land and way of life has been victorious in Court. In a major precedent-setting decision, Justice David Vickers of the British Columbia Supreme Court ruled today that the Tsilhqot'in (Chilcotin) people have proven Aboriginal title to approximately 200,000 square hectares in and around the remote Nemiah Valley, south and west of Williams Lake, British Columbia. Although Justice Vickers declined to make a declaration of title based on technical issues, he found that the tests for evidence of title were met in almost half the area claimed.

The trial lasted 339 days during which 29 Tsilhqot’in witnesses gave evidence, many in their native language. 604 exhibits were entered with Exhibit 156 alone containing over 1,000 historical documents. The Judge received about 7,000 pages of written submissions from the lawyers on all sides.

"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 the Plaintiff, 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."

cont...

Condradulations Xeni people...

cont...

Justice Vickers made a number of important findings that will impact future relations between the governments of Canada and British Columbia and First Nations, including:

1. The Tsilhqot’in people have aboriginal rights, including the right to trade furs to obtain a moderate livelihood, throughout the Claim Area.

2. British Columbia's Forest Act does not apply within Aboriginal title lands.

3. British Columbia has infringed the Aboriginal rights and title of the Tsilhqot’in people, and has no justification for doing so.

4. Canada’s Parliament has unacceptably denied and avoided its constitutional responsibility to protect Aboriginal lands and Aboriginal rights, pursuant to s. 91(24) of the Constitution.

5. British Columbia has apparently been violating Aboriginal title in an unconstitutional and therefore illegal fashion ever since it joined Canada in 1871.

Throughout much of Canada and the United States, the colonial governments made treaties with First Nations to purchase their lands. This did not happen in most of British Columbia. The government has continued to deny that B.C.'s indigenous people inherited the land that their grandparents owned.

A longer version is available at:http://www.woodwardandcompany.com/william/newsrelease_long.pdf

2) A link to the decision itself is available at: http://www.courts.gov.bc.ca/sc/sc-jdbwk.asp

3) From Justine Hunter's article in today's Globe and Mail, "In court, Judge Vickers spent 339 days hearing arguments about who owns the Nemiah Valley. His decision is expected to refer some issues back to the parties for negotiation, and almost certainly will be appealed to a higher court, but it will be the first time a Canadian court has ruled in favour of aboriginal title.

The Xeni Gwet'in claimed roughly 440,000 hectares as their traditional territory in a lawsuit that started as a battle against large-scale commercial logging. It is expected Judge Vickers will find the band established exclusive and continuous occupation - the current legal test of title - to nearly half of that parcel of land.

That's far more than the Crown has been willing to put on the table in negotiations. Modern treaties in British Columbia have averaged about 5 per cent of the traditional territories claimed, although they also include cash compensation.

Both the federal and provincial governments opposed the band's broad claims but made unprecedented concessions. The Crown accepted the band's claims to aboriginal rights to hunt and fish in the valley, and conceded title in a very limited way.

"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, said in an interview yesterday."

4) From Vaughn Palmer in today's Vancouver Sun:

Wednesday, November 21, 2007

The Tsawwassen Treaty

..is nothing but a P3-Public Private Partnership between the Government and the Tsawwassen band. Chief Kim Baird of the Tsawwassen Band has sold her people's future.

The rumour out here is that Chief Baird will be running for the Liberal's next election.

The Port expansion that is part of the Treaty will destroy the environment. When the whales are a distant memory and the only eagles are stuffed ones in the museum-this will the legacy of Chief Baird and the Liberals.

happy to help happy

The “Nemiah Trapline Action” was commenced in the Supreme Court of British Columbia on April 18, 1990. The plaintiff commenced the “Brittany Triangle Action” on December 18, 1998. Both actions were provoked by proposed forestry activities in Tachelach’ed and the Trapline Territory.

As far as the claims to the land...as attested during the hearings and confirmed by Mr Justice Vickers, the claims to the land go back some 200 years, at least. In the words of the judgment:

So there you have it koot

The claim was initiated in 1990. Campbell and Harper now have to deal with what earlier governments wouldn't/couldn't. But at least we're seeing real progress now, aren't we, what with the recent succesful Treaty negotiations starting to roll in. Better times ahead finally.
(Thanks to GWest for his always in depth research to clear this up)

You haven't been paying attention

The ratio in this case has not been welcomed with open arms by the provincial minister of Aboriginal Affairs or by Premier Campbell...as a matter of fact, quite the contrary.

If there had been a willingness to recognize aboriginal title without litigation - then you might have a point.

The decision clearly states:

The Province has no jurisdiction to extinguish Aboriginal title and such title has not been extinguished by a conveyance of fee simple title.

Tsilhqot’in people have an Aboriginal right to hunt and trap birds and animals throughout the Claim Area for the purposes of securing animals for work and transportation, food, clothing, shelter, mats, blankets and crafts, as well as for
spiritual, ceremonial, and cultural uses. This right is inclusive of a right to capture and use horses for transportation and work.

Tsilhqot’in people have an Aboriginal right to trade in skins and pelts as a means of securing a moderate livelihood.
These rights have been continuous since pre-contact time which the Court determines was 1793.

Land use planning and forestry activities have unjustifiably infringed Tsilhqot’in Aboriginal title and Tsilhqot’in Aboriginal rights.

There is lots more evidence of the fact that the government(s) of BC and Canada have been fighting this decision tooth and nail...and no evidence whatsoever that a reconcilation was possible without litigation.

I think that speaks volumes.

I'm not simple Mr West

I pay attention just fine, thanks. So you say the politicians have been fighting this case tooth and nail. I say what choice did they have. Would you, if you were premier had just given them their claim uncontested? Just hand over thousands of sqaure kilometers of land no questions asked? What about all the private land? Kick all the farmers, ranchers and everybody else off their land? And what about all the FN overlapping claims. It's not that simple is it. Obviously it will take litigation to come to a solution, unfortunately, but thats reality so lets move ahead - which is whats happening. Thers been more progress on this front in the last few months that there has been in the last 20 years. And, IMO, thats what REALLY has a lot of regulars here foaming at the mouth, the fact that the hated Libs are succeeding where the NDP (and others before them)floudered.

So how do YOU personally know that Gordo is distressed by this decision? Valid third party sources only please, lets keep it honest

...a good start towards a better world.

happy, this is happy news...good for the earth and the people who were here long before you my friend. This is about justice, correction of wrongs, the beginning of reconciliations between two groups. Basically, a good start…!!

What happens to farmers and ranchers, and so on, and so on is simply fallout no more. I am certain that the ones who benefited from the original and continued injustice towards these people, will be the "ones" who pay to those who fall in the wake of their mistakes...

So, indeed, let's get on with it, and give back to those who were stolen from and be glad for it dude. Really happy, it is as simple as that...

Peace,

Bear

Native Land Claim/Title

"Justice David Vickers criticized the provincial and federal governments for a “postage stamp approach to Aboriginal title” that tries to place excessive limits on the amount of territory conceded to First Nations."

I find it rather incredulous that Justice Vickers could criticize government for placing limits on amounts of territory and yet found that the Nemiah Band could only prove ownership of less than half of their claim. In fact, the finding does not include some of the areas that the band claimed as their territory in 1998.
However, I believe that the band leaders have established a precedent in that they have shown due diligence and worked to PROVE their claim with solid, legal evidence. Even though their stated mission is to be able to provide a traditional way of life for those bands members who wish it, they also recognized the need to work in the current world in order to gain ownership. Good on Chief Williams and the band council who persevered.
Now it is up to the other leaders of the Chilcotin Bands to take note of the evidentiary process experience of the Nemiah Band, do the work, get to the claims table and work out the agreements that will create stability in the area. Native bands, organizations and legal processes are funded by tax dollars, it must be recognized that without economic stability, there will be no tax dollars, there will be no royalties from resources, there will be no funding agreements.

size of land settleents.

So, it appears FNs have us in a legal pin, and the sizes of the land settlements are going to be much larger than we had feared.

My opposition to large settlements has been mainly because I've believed any ethical basis for them has been grossly overstated. That reason has now been rendered moot, in view of recent legal decisions.

The other primary reason for my opposition has been a belief that FNs will not manage their land and resources with any less greed for the quick buck than we've done.

If the recent reports of Tahltan leadership's very cautious approach to resource development hold true, and if they are going to be copied by other bands:¸ http://www.canada.com/nationalpost/financialpost/story.html?id=d6dc17e0-ae46-4d18-97ac-609d52a0c26d
Then I will have to pull in my horns there too.

Here's a quote of Curtis Rattray, Chair of the Tahltan Central Council, explaining why they don't see themselves allowing a flood of other mining projects in their territory to proceed.

"There's only so many schools, jobs and hospitals you can provide," Mr. Rattray says. "So there's a ceiling on your benefits, but the impacts will keep accumulating. That's our fundamental concern."

If the rest of the bands cannot exercise that kind of caution, things could get pretty messy indeed.

Lets hope GWest has lots of influence in the councils of his good buds.

Assumptions...

cboo44 said:

So we have got to extremely exploit the land in order to lessen extreme exploitation of the land via Traditional Management. I think that is what you are saying. Clearly that seem absurd. But the rest of your comments are spot on.

happy said:

Hi happy, yes they are capturing horses, as these wild horses are very important to their way of life to this day. Some winters they have so little money to buy hay that they release them to winter with the horses that are still wild, and than recapture them in the spring. These are a tough rugged animal, and require minimal maintenance. They have a wonderful relationship, they Xeni people protect these wild horses, and defend them in any way they can, and the horses serve the Xeni people in many ways. This has been the relationship for 500 years, or when these Spanish conquistador horses came up to Canada.

"Fallout" happy is exactly what will happen. How and what it looks like, I do not know.

The Xeni people care deeply for many of there ranching neighbors this I know. May I suggest to you, not to suggest that YOU know what MY opinion is sir. If you want MY opinion dude, just as ME...otherwise, have a good day.

Peace dude,

Bear

Quote:So, it appears FNs

fixed it for ya!

LOL

With this bunch of bandits

With this bunch of bandits in Victoria, they are only interested in land claims is so they can exploit it. That's why they were more interested in the Tsawwassen treaty than some other back-water band. Same as with the Maa-nulth band; just watch and see the calls for the federal government to lift the moritorium on the west coast for oil/natural gas activity. They are probably now setting their sights on those pesky Haida's on the Charlottes. Meanwhile those bands who don't have any real resourse wealth, well, they'll just have to keep flapping their gums and wait for their turn and the government will deal with them if and when they feel like it.