On June 28, 2012, the Appeal Court of British Columbia brought down a decision on the appeals of the Vickers judgement on the Tsilhqot'in case for rights and title (Tsilhqot'in Nation vs British Columbia).
The decision in its entirety can be viewed HERE
While it appears “the mountains have laboured and brought forth a mouse” (Horace, “Ars Poetica”) when it comes to the matter of Aboriginal Title, there is considerable good from this decision and it is this: the court has upheld in their entirety the rights of the Tsilhqot'in people throughout the claim area as found by the late Mr. Justice Vickers, including the right to capture wild horses for their own use.
It also encompasses the area where Taseko Mine Ltd. (TML) proposes to build its New Prosperity Mine. This judgement has implications for that project and, in our opinion, lends significant weight to the argument that the mine will unjustly infringe upon Tsilhqot'in rights.
The Appeal Court judges also upheld the Vickers decision that the Ministry of Forests wrongly granted forest licenses within the claim area that infringed Aboriginal Rights. As that decision stands, industrial clear-cut logging within Tache Lach'ed (Brittany Triangle) and other areas within the claim area will not occur.
Despite the foregoing, we are deeply disturbed by Mr. Justice Groberman's decison, in which he is supported by Madam Justice Levine and Mr. Justice Tysoe that, in their opinion, Aboriginal Title had not been proved and that Mr. Justice Vickers erred in finding it had. Instead, they have chosen to adopt a regressive view of aboriginal title to which we take strong exception. This is the minimalist position on aboriginal title that demands proof of continuous occupation and settlement, including things like permanent dwellings and cultivated gardens, that is quite at odds with the way of life of Tsilhqot'in people prior to 1846. This colonial point of view needs to change as it is an untenable view that should be overturned by the Supreme Court of Canada.
Response from the Tsilhqot'in National Government and other First Nations groups was swift and direct. From the TNG Press Release issued shortly after the ruling, “….. the Court’s regressive attitude on the meaning of Aboriginal title creates uncertainty for all Canadians. We will take this key issue to the Supreme Court of Canada. This is a fundamental question for all First Nations,” said Chief Marilyn Baptiste of the Xeni Gwet’in.
“The BC Court of Appeal does not have the final word on this issue. All of our First Nations will support the Tsilhqot’in in their ongoing efforts for justice,” said BC Assembly of First Nations Chief Jody Wilson Raybould. “What led to this was industry trying to come into the Brittany Triangle for our resources, and to infringe on our Aboriginal rights from clear-cut logging. Many of our Elders who speak only Tsilhqot’in testified in this process. Many are no longer with us, and this ongoing fight is in honour of all of our Elders and future generations,” said Councillor Roger William from Xeni Gwet’in.
The Tsilhqot'in National Government media release can be read in full HERE. FONV will continue to support the Tsilhqot'in people in their struggle for a just solution to the matter of Aboriginal Title. Canada will not be a proper nation until it resolves this issue fairly and justly throughout the land. It is most unfortunate that this Appeal Court decision fails to advance the matter after labouring for twenty months.
Friends of the Nemeiah Valley, June 28, 2012