News Release
First Peoples Lw Report: (xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil Waututh)/ Vancouver, B.C.) The Union of B.C. Indian Chiefs expresses its shock and concern that Canada and British Columbia have chosen to support Nisga’a Nation in seeking leave to appeal to the Supreme Court of Canada in order to appeal the B.C. Court of Appeal’s decision dismissing Nisga’a’s attempt to become a party defendant in Gitanyow Nation’s Aboriginal title case.
Grand Chief Stewart Phillip, UBCIC President, stated, “The Crown’s decision to support Nisga’a in this way sends a message to First Nations in B.C. that their Aboriginal title and rights are less important than Treaty rights and that Canada and B.C. do not support timely resolution of title claims in the courts and will stand in the way of such resolution. Canada and B.C.’s actions are in direct contravention of the United Nations Declaration on the Rights of Indigenous Peoples despite both governments having adopted legislation committing to its implementation and creates even greater uncertainty around the land question.”
The Crown’s support of this leave application has huge implications and will likely cause Gitanyow to lose their trial dates next year and significantly increase the costs for Gitanyow to seek justice in the courts. The Crown’s support of the leave application flies in the face of their commitments in their respective litigation directives on litigation with Indigenous Peoples, including to minimize the costs, complexity and length of legal proceedings, and to refrain from taking positions that undermine Aboriginal title.
Chief Don Tom, UBCIC Vice-President, stated “The unfortunate truth is that the deck is already stacked in favour of First Nations who choose to sign modern Treaties with the Crown, in that there is no obligation for those First Nations to support their Aboriginal title claims. This places the onus on non-Treaty First Nations whose Territories are affected by Treaties to prove their Aboriginal title in courts. Gitanyow has taken on that burden, but by supporting Nisga’a’s leave application, Canada and the Province are now standing in the way of Gitanyow being able to have its day in court in a timely and cost-effective way.”
“These actions by the two Crown governments will no doubt cause more division and disputes, both between the Crown and First Nations and among First Nations in B.C.,” stated Chief Marilyn Slett, UBCIC Secretary-Treasurer. “It is unfortunate that Canada and the Province chose not to stay true to their commitment to remain neutral on First Nation boundary disputes, as they did in the courts below on this matter.”
Two courts in B.C. have already decided the issues raised in this matter, including the B.C. Court of Appeal, and have identified other, more respectful paths for Nisga’a to address its concerns including through filing evidence in Gitanyow’s case and/or participating in future proceedings where the competing interests of Gitanyow and Nisga’a can be properly determined, in the proper context. It is unfortunate that Canada and the Province have chosen to ignore those other, more appropriate avenues and have instead chosen to support a path that seriously prejudices Gitanyow.
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Media inquiries:
Grand Chief Stewart Phillip, President, 250-490-5314
Chief Don Tom, Vice-President, 604-290-6083
Chief Marilyn Slett, Secretary-Treasurer, 250-957-7721
UBCIC is an NGO in Special Consultative Status with the Economic and Social Council of the United Nations.
For more information, please visit www.ubcic.bc.ca