Ksi Lisims LNG Project

Gitanyow Lax’yip, October 28, 2024: The Gitanyow Hereditary Chiefs (GHC) have launched legal proceedings against the Ksi Lisims LNG project, citing grave concerns over threats to salmon populations, escalating climate risks, and inadequate consultation with the Gitanyow Huwilp. The application for judicial review was filed in BC Supreme Court in Vancouver on October 25, 2024.

On April 4, 2016 the Gitanyow Hereditary Chiefs reinitiated a case to seek a declaration of Aboriginal title for the entire Gitanyow Lax’yip. The pleadings, entitled Malii v. Her Majesty the Queen, were originally filed in 2003 as a protective writ following the Delgamuukw decision, which established that limitation dates applied to the filing of Aboriginal title claims. The case has not been active since, as the Gitanyow Hereditary Chiefs have been engaged in developing a Land Use Plan, Reconciliation Agreement, and actively attempting to resolve forestry related matters with the Province of British Columbia. However, the vision and responsibility of the Chiefs to uphold Wilp Sustainability has been met with much opposition through reconciliation efforts. A declaration of Aboriginal title will provide greater ability for Gitanyow to exercise Gwelx’ye’enst and protect the Lax’yip.

Tsilhqot’in Title Case

Gitanyow intervened in support of the Tsilhqot’in as they established the first ever area of Aboriginal title in Canada at the Supreme Court of Canada in 2014. Gitanyow and other nations argued against the Crown’s minimization and denial of Aboriginal title, and the Tsilhqot’in were ultimately successful.

Pacific Northwest LNG Ltd

Gitanyow, and other nations and parties interested in preserving critical juvenile salmon habitat in Flora Bank of the Gitwilgyoots Tribe of Lax Kwalaams territory, challenged the Canadian Environmental Assessment approval of the LNG terminal. Gitanyow’s interests were in protecting habitat of Kitwanga River salmon whose DNA was identified among multiple stocks of salmon who utilized Flora Bank as a nursery as they transition from freshwater to salt water environments. The case was ultimately discontinued as the company decided to abandon the project in 2017 in the face of overwhelming opposition.

Gitxaala Free Entry Mining

Gitanyow intervened in support of another First Nation seeking to have their Indigenous rights and title respected, this time in the matter of an archaic colonial relic that is the provincial Mineral Tenure Act. Gitanyow’s experience in the provincial refusal of protection of critical salmon spawning habitat in the Meziadin brings a unique perspective and evidence on the impact of mineral tenures on salmon habitat.