Chief Wah tah K’eght (Henry Alfred) speaks (Michael Grace-Dacosta)

VIDEOS and PHOTOS: 20th anniversary of the Delgamuukw/Gisday’wa court decision celebrated

Chiefs and elders from different houses spoke at the feast discussing their memories of the case.

The Laksilyu clan hosted a celebration feast Saturday in Hagwilget in honour of the 20th anniversary of the Delgamuukw/Gisday’wa court decision.

In 1984, the hereditary chiefs of the Gitxsan and Wet’suwet’en first nations filed a joint land title action with the Supreme Court of British Columbia. The trial began in 1987.

During the trial, Gitxsan and Wet’suwet’en elders used oral histories as evidence of their claim. In 1991, Justice Allan McEachern ruled any title the Gitxsan and Wet’suwet’en may have had was extinguished when British Columbia joined the Confederation.

The Gitxsan and Wet’suwet’en appealed McEachern’s ruling to the Court of Appeal of British Columbia.

While the appeal decision ruled the government is required to consult with Indigenous peoples before they begin any projects that may infringe upon their rights, they ultimately agreed with McEachern that the Gitxsan and Wet’suwet’en did not have title to the land in question in 1993.

After treaty negotiations broke down with the Province the Gitxsan and Wet’suwet’en appealed to the Supreme Court of Canada in 1997.

The Supreme Court of Canada ruled the provincial government did not have the right to extinguish the Indigenous peoples’ rights to their ancestral territories. The court also recognized oral history as a legitimate form of evidence in legal proceedings.

The case also gave a definition to aboriginal title and outlined how it can be determined. Aboriginal title is defined as Indigenous peoples’ exclusive right to the land, and is recognized as an “existing aboriginal right” in section 35 of the Constitution Act.

“[The case] proved to the world we exist,” said Chief Na’Moks (John Ridsdale) of the Wet’suwet’en. “We as human beings, we as nations, have a right to have a voice.”

Chiefs and elders from different houses spoke at the feast discussing their memories of the case as well as the importance of continuing to fight for their rights. Smithers Mayor Taylor Bachrach also spoke at the event.

Chiefs enter Hagwilget hall

“It was a real honour to be invited to the event and to bare witness to the celebration,” said Bachrach. “Obviously the Delgamuukw/Gisday’wa court case was a monumental event, not just for the Wet’suwet’en and the Gitxsan, but for first nations across Canada. It was a big leap forward for aboriginal law in Canada.”

Gordon Christie, professor at Peter A. Allard School of Law, said the Delgamuukw case laid the ground work for other first nations to claim aboriginal title in their territory.

“The first of those was Tsilhqot’in nation just a couple years ago,” said Christie, who specializes in aborginal law. “They were the first to actually use aboriginal title the way the court set out in Delgamuukw.”

In 2014, the Tsilhqot’in nation became the first Indigenous nation to get aboriginal title. The Supreme Court of Canada awarded them just over 1,700 kilometres of land in British Columbia.

“Now after that, that was 2014, you have quite a wave of aboriginal title cases going on across the province,” said Christie. “I think there’s now at least dozen, probably more like 15, cases on aboriginal title now.”

Thanks to the Delgamuukw case future generations of first nations people have a chance to reclaim their ancestral territory, which is exactly what the last living plaintiff in the case, Chief Wah tah K’eght (Henry Alfred) envisioned when he agreed to testify in court all those years ago.

“I made up my mind [I’m not going] to court for myself,” said Wah tah K’eght. “It’s for my grandchildren great grandchildren to come. It’s for them.”

MP Nathan Cullen statement in Parliament on Delgamuukw court decision’s 20th anniversary

 

Locals perform a song (Michael Grace-Dacosta)

High Chiefs table (Michael Grace-Dacosta)

House logos. Michael Grace-Dacosta photo

This server needed a break (Michael Grace-Dacosta)

Locals listen attentively. Michael Grace-Dacosta photo

Smithers Mayor Taylor Bachrach attends the feast. Michael Grace-Dacosta photo

Just Posted

Operation Red Nose gearing up for another holiday season in Williams Lake

Call 250 392-2222 and a team of three Operation Red Nose volunteers will help you get home safely

Tsilhqot’in leaders travelling to Geneva, Switzerland to continue global fight for Indigenous rights

Delegation attending the United Nations Forum on Business and Human Rights

Language of the Land Fundraiser raises $6,520 for TNG

Tickets were sold out and the venue was at capacity of 160 people.

New museum staff undertakes new cataloguing project

The Museum of the Cariboo Chilcotin has had an incredibly exciting and busy year ahead

Fashion Fridays: Holiday outfits on a budget

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Smudging in B.C. classroom did not affect Christian family’s faith, says school district lawyer

Lawyers make closing arguments in a Port Alberni case about the Indigenous cultural practice

Canadian Forces member charged with possessing magic mushrooms in Comox

Master Cpl. Joshua Alexander, with the 407 Maritime Patrol Squadron, facing two drug related charges

Most B.C. residents, including those hit by 2018 storms, not prepared for outages: report

Create an emergency kit, BC Hydro says, and report all outages or downed lines

Study finds microplastics in all remote Arctic beluga whales tested

Lead author Rhiannon Moore says she wasn’t expecting to see so many microplastics so far north

Services needed in B.C. for early-onset Alzheimer’s disease patients: doctor, advocates

More patients are being diagnosed with Alzheimer’s at an earlier age

65-million-year-old triceratops fossil arrives in Victoria

Dino Lab Inc. is excavating the fossilized remains of a Triceratops prosus

B.C. widow sues health authority after ‘untreatable’ superbug killed husband

New Public Agency Health report puts Canadian death toll at 5,400 in 2018

Changes to B.C. building code address secondary suites, energy efficiency

Housing Minister Selina Robinson says the changes will help create more affordable housing

Most Read