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

Quesnel seniors community looking for new bands to entertain residents

All ages are welcome to come play and times are flexible

Quesnel fighter loses split decision in Kelowna

Coach says Emblau needs some new tricks to stay competitive

Restored coach to make it’s debut in Billy Barker Days parade

The vehicle was originally used as a taxi on the island and was once owned by a B.C. premier

Educational videos for rodeo athletes address concussions, mental health

Ty Pozzobon Foundation, Canadian Pro Sports Medicine Team produce series

Update: Six new wildfires ignited by lightning in Cariboo Fire Centre

The Cariboo Fire Centre said there are no structures threatened at this time

UPDATED: Lightning sparks seven new fires in the Cariboo, one extinguished

There are seven new fires in the Cariboo, as well as one between Hixon and Prince George

‘Amazing Race Canada’ competitors face B.C. challenge

They drove Corvettes, mastered falconry basics, and ate blueberry pie in the Cowichan Valley

Grizzly bear jumps in river, chases B.C. kayaker

The bear got a bit too close for comfort along the Elaho River near Squamish

Evacuation alert issued due to Dog Creek Trail Wildfire

An evacuation alert has been issued by the Regional District of Bulkley-Nechako… Continue reading

Parks Canada looks to shine light on cloudy future for historic sites

A plan is in place to produce 10-year plans designed to turn around sagging attendance figures

B.C. poet shines a bright light on struggle with homelessness

Book launch for John La Greca’s Homeless Memorial is at Vernon’s Gallery Vertigo July 21.

Ontario police say attack on Muslim man was motivated by hate

Two men, aged 27 and 19, have been charged with assault in the incident

Canadian Tire delivers toys to ease kids’ street play pain in B.C. neighbourhood

It’s like Christmas for 11 kids who are supposed to be confined to their yards by strata bylaw

City orders largest Kinder Morgan protest camp to leave

Residents of Camp Cloud near the Trans Mountain work site have 72 hours to leave

Most Read