Gitanyow Hereditary Chiefs Urge Crown To Recognize Aboriginal Title By Agreement
Gitanyow Lax’yip, August 30, 2024: The Gitanyow Hereditary Chiefs welcome yesterday’s decision by the British Columbia Court of Appeal dismissing an appeal by the Nisga’a Nation and upholding January’s landmark court ruling for access to justice for Indigenous Nations.
The Nisga’a sought to be added as a defendant in Gitanyow’s long-standing Aboriginal title litigation over the Gitanyow Lax’yip (traditional territory). The Gitanyow Hereditary Chiefs are asserting their ownership of 6,200 square kilometres situated in the Nass and Skeena Watersheds, including the Kitwanga and Kispiox Rivers.
The Nisga’a Treaty, which came into force in 2000, was negotiated without the participation and over the objections of the Gitanyow. It includes a “Nass Wildlife Area”, in which the Nisga’a have non-exclusive hunting rights, that overlaps with 84% of the Gitanyow Lax’yip.
Had the Nisga’a Nation’s appeal succeeded, it would have complicated, lengthened, and added significant costs to the Gitanyow, including interfering with Gitanyow’s title case that has been decades in the making and is finally scheduled for trial in March 2025.
The Court of Appeal recognized that the Gitanyow have control over their own litigation. The Gitanyow have been careful to limit their lawsuit to only the question of ownership of their traditional territory without impacting the Nisga’a’s treaty rights. The Gitanyow intend to first have the Court determine rights against the Crown before addressing any potential conflict with other nations, such as the Nisga’a, through the use of Gitanyow Ayookxw (laws) and protocol, and mediation and negotiation.
In rejecting the appeal, the Court emphasized the need to minimize costs and complexity in Aboriginal title and rights claims under s. 35 of the Constitution Act, 1982. The Court reinforced that prolonged trials impede access to justice for Indigenous litigants and hinder the public interest in resolving such claims.
The Court’s decision reaffirmed that adding the Nisga’a Nation as a defendant was unnecessary, reflecting the Court’s commitment to proportionality and reconciliation while ensuring the Gitanyow could advance their case without undue delays.
In the wake of the decision, the Gitanyow Hereditary Chiefs again call on Canada and British Columbia to officially recognize Gitanyow’s rightful ownership of their ancestral lands through agreement rather than continuing to deny or limit their title through the Courts.
Quotes:
Simogyet Malii/Glen Williams stated:
“We have been fighting for over 140 years to have the Crown recognize our rights to territory that has always been rightfully ours. It is high time for the Crown to recognize our Aboriginal title claim to the Gitanyow Lax’yip by agreement so that we can move forward together to manage the resources of our territory.”
Joel Starlund/Sk’a’nism Tsa ‘Win’Giit, Executive Director of the Gitanyow Hereditary
Chiefs emphasized:
“This decision marks a significant step toward allowing Gitanyow to pursue our title claim without unnecessary obstacles. However, we urge both levels of government to engage in meaningful negotiations to formally recognize Gitanyow’s rightful ownership of the Gitanyow Lax’yip.”
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