A photo from 2017 shows Nuchatlaht First Nation members gathered outside the Supreme Court in Vancouver after filing the land title case. ( Nuchatlaht First Nation).

A photo from 2017 shows Nuchatlaht First Nation members gathered outside the Supreme Court in Vancouver after filing the land title case. ( Nuchatlaht First Nation).

B.C. Supreme Court set to hear historic Indigenous land title case next year

Nuchatlaht First Nation gets its day in court in March 2022, five years after first filing its case

Nuchatlaht First Nation has received a trial date of March 15, 2022 from the B.C. Supreme Court, to proceed with its Aboriginal land title case.

The First Nation received its trial date last month after filing a case in 2017 to officially recognize its right and title to territory on the north of Nootka Island, off the northwest coast of Vancouver Island.

Jack Woodward, the lawyer representing the Nuchatlaht said, getting a trail date with a fixed judge is an important step in itself as most often cases like these don’t get to trial or get dropped due to procedural or political reasons, among others.

The trial set for next year already had an interim ruling earlier this month in favour of the First Nation, allowing it to introduce Culturally Modified Trees (CMT) as part of its evidence after Crown counsel argued to exclude archaeological reports prepared by expert Jacob Earnshaw.

Earnshaw was commissioned by the First Nation to perform surveys within the Nuchatlaht claim area on Nootka Island to understand the condition of recorded CMT sites as well as search out and record other previously unrecorded archaeological sites. These records provide a further understanding concerning the use and occupation of the claim area.

The province asked to exclude the report citing Earnshaw’s “bias, novel approach, qualifications and necessity of the opinion.” However the motion was dismissed in court on March 4.

The Nuchatlaht case is significant as it could pave the way for other First Nations in B.C.

The Nuchatlaht case is a direct application of the precedent-setting 2014 Tsilhqot’in decision, where the Supreme Court of Canada granted declaration of aboriginal title to more than 1,700 square kilometres of land in British Columbia to the First Nation. The decision stated that a semi-nomadic tribe can claim title even if the land is used sporadically. Woodward was the lawyer for Tsilhqot’in Nation too.

Nuchatlaht’s case will also the first land title to be tested against the backdrop of United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) that B.C. passed as legislation – DRIPA/ Bill 41 – in 2019.

Last year, in November, the Nuchatlaht had called on the province to honour UNDRIP and drop the “distasteful” legal argument the crown counsel was making – that the First Nation abandoned their territory. They said that the crown counsel had been stalling the case since 2017 by raising “absurd” and expensive arguments for the First Nation community consisting of under 200 members.

READ MORE: Vancouver Island First Nation calls on B.C. to honour UNDRIP in historic title case

The Nuchatlaht claimed that it was forced out of its traditional territory on Nootka Island, and the land was licensed by the province to logging companies without the consent of the First Nation. Western Forest Products – also a defendant in the case along with the provincial and federal governments – runs its operations on Nootka Island.

Just Posted

Tents set up under the Trail Skywalk earlier this spring. Photo: Trail Times
Message from Concerned Trail Citizens: ‘A Necessary Response’

” … if we are not part of the solution, we are part of the problem.”

“Think on These Things” is a column written by retired Creston pastor Ian Cotton. (File photo)
Think on These Things: Everyone is Invited

“Tell them there is healing, cleansing for every soul…”

Swiss guard at Vatican City. The Pontifical Swiss Guard is a minor armed forces and honour guards unit maintained by the Holy See that protects the Pope and the Apostolic Palace, serving as the de facto military of Vatican City. Photo: Etienne Girardet on Unsplash
News from The Vatican

Pope Francis issued a law decreeing that women can be installed in the lay ministries of lectors

North Okanagan business Hytec Kohler set up a COVID-19 vaccination clinic at the Spallumcheen plant Friday, May 14. (Jennifer Smith - Morning Star)
More than half of eligible adults in Interior Health vaccinated

Over 365,000 vaccine doses have been administered throughout the Interior Health region

Student-nurse Kendra Waterstreet administers the Pfizer vaccine to Litia Fleming at the Waneta Plaza vaccination clinic in the old Zellers buiding. Photo: Jim Bailey
Trail vaccination clinic readies for adults age 40+

B.C.’s state of emergency is extended through the end of day on May 25

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. Dr. Ben Chan remembers hearing the preliminary reports back in March of blood clots appearing in a handful of European recipients of the Oxford-AstraZeneca COVID-19 vaccine. THE CANADIAN PRESS/Jeff McIntosh
Science on COVID, VITT constantly changing: A look at how doctors keep up

While VITT can represent challenges as a novel disorder, blood clots themselves are not new

Poached trees that were taken recently on Vancouver Island in the Mount Prevost area near Cowichan, B.C. are shown on Sunday, May 10, 2021. Big trees, small trees, dead trees, softwoods and hardwoods have all become valuable targets of tree poachers in British Columbia as timber prices hit record levels. THE CANADIAN PRESS/Jen Osborne.
Tree poaching from public forests increasing in B.C. as lumber hits record prices

Prices for B.C. softwood lumber reached $1,600 for 1,000 board feet compared with about $300 a year ago

The warm weather means time for a camping trip, or at least an excursion into nature. How much do you know about camps and camping-related facts? (John Arendt - Summerland Review)
QUIZ: Are you ready to go camping?

How many camp and camping-related questions can you answer?

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

People shop in Chinatown in Vancouver on Friday, February 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Vancouver community leaders call for action following 717% rise in anti-Asian hate crimes

‘The alarming rise of anti-Asian hate in Canada and south of the border shows Asians have not been fully accepted in North America,’ says Carol Lee

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Most Read