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
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.
Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Attempt to have murder charge quashed against alleged serial killer dismissed by judge
A motion filed by the man accused of killing four Indigenous women in Winnipeg to have one of those murder charges quashed has been dismissed by the judge – weeks before the start of his trial.
Government proposes new policy for federally regulated employees to disconnect from work
In their 2024 budget, the federal government wants to amend the Canada Labour Code, so employers in federally regulated sectors will eliminate work-related communication with employees outside of scheduled hours. If implemented, this would affect roughly 500,000 employees across the country.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.