Leaders from several B.C. First Nations are expected to lay out their
legal plans to fight Enbridge's Northern Gateway pipeline proposal, at a
news conference yesterday morning in Vancouver.
The list of speakers includes Peter Lantin, the president of the
Council of the Haida Nation; Clarence Innis, acting chief councillor for
the Gitxaala; Ellis Ross, chief councillor for the Haisla; Martin
Louie, chief councillor of the Nadleh Whut’en; Jessie Housty, 
councillor
for the Heiltsuk; and Grand Chief Stewart Phillip, the president of the
Union of B.C. Indian Chiefs.
councillor
for the Heiltsuk; and Grand Chief Stewart Phillip, the president of the
Union of B.C. Indian Chiefs.
It is expected First Nations groups will argue the proposed pipeline
violates their aboriginal land rights in their respective territories,
particularly in light of the Supreme Court of Canada victory last month by the Tsilhqot'in First Nation.
In that landmark ruling, the Supreme Court of Canada recognized the
Tsilhqot'in First Nation's aboriginal title over a wide area to the
south and west of B.C.'s Williams Lake, which it considers its
traditional territory.
The court also established what title means, including the right to
the benefits associated with the land and the right to use it, enjoy it
and profit from it.
However, the court declared that title is not absolute, meaning
economic development can still proceed on land where title is
established as long as it has the consent of the First Nation.
Or where
the government can make the case that development is pressing and
substantial.The court also made it clear that provincial law still applies to
land over which aboriginal title has been declared, subject to
constitutional limit.
Other First Nations have also been quick to push forward their claims on traditional lands in light of the ruling.
The Gitxaala First Nation, with territory on islands off the North
Coast, have already announced its own plans to file a lawsuit in the
Federal Court of Appeal challenging the Northern Gateway pipeline.
Last week the hereditary chiefs of the Gitxsan First Nations served
notice to CN Rail, logging companies and sport fishermen to leave the
33,000 square kilometres they claim as their territory along the Skeena
River by Aug. 4.
The Kwikwetlem First Nation also raised the ruling in its claim
to title of all lands associated with the now-closed Riverview Hospital
in Metro Vancouver along with other areas of its traditional territory.
Source: CBC
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