Court of Appeal orders British Columbian, Canadian governments to pay Tsilhqot'in First Nation's legal costs in land claim case triggered by 1992 logging blockades on traditional territory near Williams Lake
VANCOUVER, British Columbia
January 4, 2013
(The Canadian Press)
– The British Columbia and federal governments have been ordered to pay a portion of the legal costs incurred by a First Nation that won a partial land claim victory last year - the latest development in a two-decade old battle that has since moved to the Supreme Court of Canada.
The B.C. Court of Appeal issued a ruling last June that granted the Tsilhqot'in First Nation broad rights to hunt, trap and trade in what it considers its traditional land, but the decision rejected the Tsilhqot'in's claim to aboriginal title.
The case is now the subject of an appeal at the Supreme Court of Canada, which has yet to decide whether to hear the case. In the meantime, the B.C. Court of Appeal awarded the First Nation legal costs for the appeal.
The case dates back to the early 1990s, when the Tsil-hqot'in first began using the courts and a blockade to stop logging operations in the area, setting off a complex legal odyssey that has bounced between courts and spawned appeals and cross-appeals.
The B.C. Supreme Court earlier ordered the provincial and federal governments to pay the Tsilhqot'in's legal bills, in advance, for the trial in that court. The Appeal Court's latest decision, issued Thursday, adds to that bill, though the running total wasn't immediately clear.
A lawyer for the First Nation, James Nelson, said in an interview that a formula outlined in provincial legislation will determine the exact amounts to be paid for the appeal, but that hasn't been worked out yet.
The Tsilhqot'in, whose traditional territory is near Williams Lake, is a collection of six bands, including the Xeni Gwet'in band, which is at the heart of the case.
A forestry company attempted to secure access to two areas where the Xeni Gwet'in claimed aboriginal title. The Tsilhqot'in staged a blockade in May of 1992 to prevent forestry work. The blockade ended with a promise from then-premier Mike Harcourt to prevent further logging without the Xeni Gwet'in's consent.
The B.C. government turned much of the area into a provincial park in 1994, but the rest of the land remains in dispute.
A trial began in November 2002 and continued for nearly five years, hearing evidence that the Tsilhqot'in have been in the area for more than 250 years. But the trial also heard the Tsilhqot'in were "semi-nomadic" and had few permanent encampments.
The B.C. Supreme Court ruled in 2007 that the Tsilhqot'in did not have aboriginal title over the entire area, but did have rights to hunt and to trade skins and pelts to support a "moderate livelihood."
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