Lawyer for Vancouver Island First Nation says goal of land claim case is reconciliation
A lawyer for the Nuchatlaht First Nation, which is fighting for title to part of Nootka Island in British Columbia, has told a court that the underlying objective of the proceeding is reconciliation.
Jack Woodward said at the start of his closing argument that the province missed its opportunity and has instead placed “the burden of reconciliation squarely on the court,” in the first test for the landmark 2014 Tsilhqot'in Aboriginal title decision by the Supreme Court of Canada.
That case recognized the Tsilhqot'in Nation's rights and title over a swath of its traditional territory in B.C.'s central Interior, not only to historic village sites.
“The province presents the court with a stark choice: dismissal or declaration. No alternatives have been presented,” Woodward told the court Tuesday.
“I am shaking my finger at the province for that because it certainly was in their control and power to help design and accommodate a process that would have put the court in a less binary position.”
The lawsuit filed by the Nuchatlaht First Nation in the B.C. Supreme Court in 2017 asserts that the B.C. and federal governments denied Nuchatlaht rights by authorizing logging and “effectively dispossessing” the nation of territory on Vancouver Island's west coast.
The B.C. government denies that the Nuchatlaht hold Aboriginal title over the 230-square-kilometre area, which includes the northwestern part of Nootka Island. The province said it has met its obligations under agreements with the nation related to forest resources.
Crown attorney Jeff Echols previously argued in March that the “modern-day” Nuchatlaht draws its membership from a broader base of Indigenous people, and the First Nation wasn't alone in using the island when the Crown asserted sovereignty over what is now B.C. in 1846.
He said case law had established that Aboriginal title is not transferable, and the legal test would not allow the modern Nuchatlaht to take on the title of other historical Indigenous groups whose members joined or merged with them.
But Woodward said Tuesday the Nuchatlaht occupied and used the claimed area before and during 1846.
He said the Nuchatlaht had a “magnificent advantage” in the case, in that “not only were there the different local groups who all had occupation of their respective territories, but they were organized into a confederacy.”
“This is remarkable fact,” he said. “I think that's the crux of the case.”
He also argued the Nuchatlaht had showed restraint in their claim, saying it doesn't overlap with any other First Nation's territory or federal land.
“A First Nation that comes to court with a reasonable, moderate, uncluttered claim presents an opportunity for reconciliation,” Woodward said.
Supporters of the claim rallied outside the court complex in Vancouver before closing arguments began. Among them was Nuchatlaht council member Erick Michael.
“We're here to fight for our past generations and future generations to come so we can have a healthy, strong future,” he told the crowd.
Mariah Charleson, vice-president of Nuu-chah-nulth Tribal Council, which represents 14 communities including Nuchatlaht, said she made the trip to the courthouse steps to show support in their “fight against B.C.”
“This is a case that is going to set the precedent on how B.C. deals with the land issue. 'Land Back' is a real thing. It's giving the land rights title inherent jurisdiction back to the original landowners and the Nuchatlaht are setting the precedent,” she said.
The closing arguments come about five months after the province announced the development of “a new approach to litigation” as part of its process to implement legislation in accordance with the United Nations Declaration on the Rights of Indigenous Peoples
This included 20 directives for the Crown to prioritize resolution and negotiated settlement, while reducing the potential for legal action over Indigenous rights and title.
In a court transcript from April, supplied by the Nuchatlaht's legal team, Crown attorney Echols said the province knew about the directives before their release and does not intend to adjust its arguments for trial.
At the time, Woodward said the government's decision not to adjust the case based on its own new litigation directives “undermines the process of reconciliation.”
Hearings are set to continue until Oct. 14.
This report by The Canadian Press was first published Sept. 27, 2022.
CTVNews.ca Top Stories
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
First court appearance for boy and girl charged in death of Halifax 16-year-old
A girl and a boy, both 14 years old, made their first appearance today in a Halifax courtroom, where they each face a second-degree murder charge in the stabbing death of a 16-year-old high school student.