INTERESTING NEWS Canada’s Oldest First Nations Newspaper - Serving Nuu-chah-nulth-aht since 1974 Canadian Publications Mail Product Vol. 51 - No. 09—May 2, 2024 haas^i>sa Sales Agreement No. 40047776
Nuchatlaht celebrate court’s recognition of territory Recent decision grants the First Nation Aboriginal title to a coastal strip in its northern Nootka Island territory By Eric Plummer Ha-Shilth-Sa Editor Vancouver, BC - The Nuchatlaht are celebrating a victory amid a recent court decision recognizing Aboriginal title over a portion of its traditional territory, although it appears the small First Nation’s legal fight to gain authority over the whole claim area is far from over. On April 17 Justice Elliott Myers released a judgement on the matter, which concerns the Nuchatlaht’s title claim to 201 square kilometres covering the northern part of Nootka Island. Myers determined that the First Nation has proved Aboriginal title over a portion of this area, land that mostly entails a coastal strip along the northwestern edge of Nootka Island. This section mainly doesn’t extend more than a kilometre inland, generally aligning with the provincial government’s argument to the court over what portions have been proven to rightly belong to the Nuchatlaht. “In my view, with some minor exceptions, the province’s map delineates areas with respect to which the Nuchatlaht have met the criteria for Aboriginal title,” wrote Myers in his most recent judgement. The judge also included some other sections, such as small islands in Owossitsa Lake and areas at the mouths of rivers by the historic sites of Opemit and Nuchatl. The recognized title sections lie in areas of less than 100 metres of elevation, as throughout the trial Myers has been unconvinced that evidence was presented of occupation far inland. “Confining the boundary to the 100-metre contour reflects the distinction between the coastal and interior areas,” wrote Myers. The judge referenced his previous decision from May 2023, in which he found insufficient proof that the Nuchatlaht regularly used Nootka Island’s inland regions. “With respect to the interior, there is almost no evidence of use by the Nuchatlaht,” wrote the judge, citing research by Philip Drucker, who extensively studied northern Nuu-chah-nulth tribes in the 1930s. “Further, Dr. Drucker said that the Nuu-chah-nulth treated the interior and coastal areas differently in terms of ownership and had far less knowledge of the interior.” As the parties went before Myers from March 11 to 15, part of the Nuchatlaht legal team’s argument was that entire watersheds should be recognized due to the First Nation’s traditional use of these whole areas.
Eric Plummer photo
Nuchatlaht Councillor Archie Little speaks next to Tyee Ha’wilth Jordan Michael before the B.C. Supreme Court in Vancouver in 2022 as their nation’s Aboriginal title claim went to trial. “There has been industrial clearcut log“If they had a village site, they must areas in the claim. ging,” added Chief Michael. “There’s no have been using the land upstream to supAlthough it has been a hard sell, the thought about tomorrow. It’s take everyport their culture,” argued lawyer Jack Nuchatlaht are calling the most recent thing now. We want to do things differWoodward in March. decision a victory, marking the first time ently.” The legal team even cited the Labrador the B.C. Supreme Court has awarded “We’re not just fighting for Nuchatlaht,” boundary case from 1927. In this deciAboriginal title to a First Nation. noted Councillor Archie Little, who sion the Privy Council in London rejected “We are celebrating this victory and stressed the importance of restoring wild Canada’s assertion that Labrador - which looking ahead for the future of our salmon habitat. “We want to show the was not yet part of Canada at the time nation,” stated Tyee Ha’wilth Jordan world that we can manage better, we can should be limited to the coastal region. Michael in a press release from the First Instead, the Labrador boundary was exNation. “There is still much that needs to enhance better, and there will be enough for everybody.” tended far westward to the height of land, be done to restore our land and heal our With some of their territory now recogas it remains today. people.” nized by the court, Nuchatlaht Councillor But Myers remained unconvinced. “This is a victory for Nuchatlaht, but Erick Michael called the recent decision “A fundamental conclusion I reached we know that our territory didn’t stop at “a huge win for self-determination.” was that the Nuchatlaht had not demonthe bottom of the hill,” said Nuchatlaht “This is a real chance at becoming selfstrated sufficient occupation over the total Councillor Mellissa Jack in the release. sustaining,” he said. “For far too long claim area, and particularly the interior, “Our people used everything from the we’ve been isolated on this tiny little to ground a claim for Aboriginal title,” beaches to the mountain tops.” wrote the judge. “Framing the claim as Myers’ recent decision leaves the major- reserve watching all our resources getting one over a series of watersheds (which ity of the claim area as Crown land under stripped away, while not taking any real part in the economic development of our encompass vast areas of the interior) does B.C.’s Forestry Act. Currently Western nation.” not change this analysis.” Forest Products holds tenure of this area, “When all other avenues like the B.C. The April 17 decision is the latest devel- although logging has ceased in recent treaty process and reconciliation agreeopment in a case that began in early 2017 years as the title case has been fought in ments did not work, when the Nuchatlaht first filed their claim court. the Nuchatlaht were forced to go to to the B.C. Supreme Court. The case has From the beginning a concern expressed court to prove their title,” stated Nuuentailed a 54-day trial in 2022, leading by the First Nation, which has under 160 to Myers’ decision the following year in members, has been the extent of clearcut- chah-nulth Tribal Council President Judith Sayers. [W]e are happy they have which he recognized Aboriginal title over ting old growth forests in their territory. had some success and wish them cona portion of the claim area, but not all of The Nuchatlaht are now considering aptinued success as they appeal to have it. Parties were given the opportunity to pealing the recent decision in an effort to the remainder of their territory declared return to court for a week last March to gain title over the rest of their traditional Nuchatlaht title lands.” determine the extent of title over limited territory.
Inside this issue... Young killer whale is free...............................................Page 3 Nurse positions support Indigenous patients..................Page 6 Rise in language learners points to resurgence........Pages 8&9 Packed house at Hupacasath elder’s luncheon.............Page 15
If undeliverable, please return to: Ha-Shilth-Sa P.O. Box 1383, Port Alberni, B.C. V9Y 7M2