Following the May 11 decision by Justice E.M. Myers of BC Supreme Court, the Nuchatlaht First Nation released the following statement:
Nuchatlaht celebrate finding of Aboriginal Title, will return to court to argue exact location
May 12, 2023
The Nuchatlaht First Nation are celebrating a landmark finding of Aboriginal Title within their territory, but are left disappointed with the Court’s request to return to identify where exactly that Aboriginal Title is.
Delivered May 11, 2023, this is the first trial court decision finding Aboriginal Title in British Columbia, and the first decision to apply the 2014 Supreme Court Tsilhqot’in ruling. This was also the first decision heard since British Columbia adopted the United Nations Declaration on the Rights of Indigenous People (UNDRIP) in 2019.
Justice Myers found that the Nuchatlaht have Aboriginal Title within their traditional territory, but declined to grant the entire Nuchatlaht claim area. Instead, the Court requested the parties return to argue over exact locations.
Nuchatlaht were victorious on nearly every point at issue in the trial, pushing the state of the law forward. “With this victory Nuchatlaht hope to clear a path for others to follow” said the Nuchatlaht Tyee Hawiilth (Chief) Jordan Michael. In this case the court found that Nuchatlaht concepts of ownership exceeded the common law.
“We need to take this victory and continue fighting for recognition of our rights” stated Nuchatlaht Councillor Mellissa Jack. Nuchatlaht plan to return before Justice Myers to identify the exact locations of Aboriginal Title. They will also apply to the B.C. Court of Appeal over the decision to decline awarding the entire claim area.
We’re not going anywhere, we know what’s ours” said Nuchatlaht Councillor Erick Michael. “This isn’t just about Nuchatlaht, but about every First Nation.”
“I would like to thank all the supporters who got us this far” said Nuchatlaht Councillor Archie Little. We couldn’t have won this victory without you, but we’re not finished fighting.”
Landmark Indigenous title case resumes this week
in Journalism: The need to expedite final treaties with First Nations
Posted
Following the May 11 decision by Justice E.M. Myers of BC Supreme Court, the Nuchatlaht First Nation released the following statement:
Nuchatlaht celebrate finding of Aboriginal Title, will return to court to argue exact location
May 12, 2023
The Nuchatlaht First Nation are celebrating a landmark finding of Aboriginal Title within their territory, but are left disappointed with the Court’s request to return to identify where exactly that Aboriginal Title is.
Delivered May 11, 2023, this is the first trial court decision finding Aboriginal Title in British Columbia, and the first decision to apply the 2014 Supreme Court Tsilhqot’in ruling. This was also the first decision heard since British Columbia adopted the United Nations Declaration on the Rights of Indigenous People (UNDRIP) in 2019.
Justice Myers found that the Nuchatlaht have Aboriginal Title within their traditional territory, but declined to grant the entire Nuchatlaht claim area. Instead, the Court requested the parties return to argue over exact locations.
Nuchatlaht were victorious on nearly every point at issue in the trial, pushing the state of the law forward. “With this victory Nuchatlaht hope to clear a path for others to follow” said the Nuchatlaht Tyee Hawiilth (Chief) Jordan Michael. In this case the court found that Nuchatlaht concepts of ownership exceeded the common law.
“We need to take this victory and continue fighting for recognition of our rights” stated Nuchatlaht Councillor Mellissa Jack. Nuchatlaht plan to return before Justice Myers to identify the exact locations of Aboriginal Title. They will also apply to the B.C. Court of Appeal over the decision to decline awarding the entire claim area.
We’re not going anywhere, we know what’s ours” said Nuchatlaht Councillor Erick Michael. “This isn’t just about Nuchatlaht, but about every First Nation.”
“I would like to thank all the supporters who got us this far” said Nuchatlaht Councillor Archie Little. We couldn’t have won this victory without you, but we’re not finished fighting.”
Read Justice Myers’ judgement: BC Suprem Court Decision 2023BCSC0804-Nuchalaht.pdf