The text of the latest news release from the Gitxsan Treaty Office:
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NEWS RELEASE
April 26, 1996
Supreme Court ruling bodes well
GITXSAN TERRITORIES -- A decision by the Supreme Court of Canada yesterday
overturning the conviction of a Wet'suwet'en man in an aboriginal fishing
rights case bodes well for the landmark Delgam Uukw land title action said
the Gitxsan chief treaty negotiator.
Mas Gak (Don Ryan) said the decision "sends a signal that we'll get a
moderate ruling in the Delgam Uukw case. There is some hope there."
The Supreme Court ducked the issue of self-government in their decision said
Mas Gak but clearly stated that conditions attached to the fishing license
Canada was attempting to impose on Nikal violated his aboriginal rights.
The judges found that the type of restrictions associated with the license
were something that had to be worked out in a consultation process between a
First Nation member and Department of Fisheries and Oceans. The conditions
could not be unilaterally imposed by Canada.
"The judges' decision reaffirms the consultation process and confirms it is
an aboriginal right," said Mas Gak. "The federal government can't
unilaterally do things without the consent of the First Nation affected."
In the Delgam Uukw case, the B.C. Court of Appeal ruled in 1993 that
consultation must occur before the Crown sanctions an activity which
infringes on the ability of a First Nation member to carry out their
aboriginal rights. Since that decision the Gitxsan have repeatedly
tried to get the provincial government and companies that operate on
their traditional territories to live up to the appeal court ruling.
The Nikal decision helps "consolidate the co-management approach on our land
and resources" said Mas Gak. "It reinforces what we have said about our
rights."
The Delgam Uukw court action will further define the nature and scope of
aboriginal rights. In the action, Gitxsan and Wet'suwet'en hereditary
chiefs are asserting their jurisdiction, ownership and self-government over
58,000 square kilometers of traditional territory in northwest B.C.
The aboriginal rights issues arising from the Delgam Uukw case were supposed
to be part of negotiations entered into by the Gitxsan under the B.C. treaty
process beginning in July, 1994. But the province pulled out of
negotiations Feb. 1, 1996, saying they preferred litigation over negotiation.
The Supreme Court of Canada is set to hear the Delgam Uukw case June 9-13, 1997.
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