Copyright © 2002 NLThomas
All Rights Reserved

On Wednesday, March 6, 2002, the Haida Nation will file a writ in the Supreme Court of BC to establish aboriginal title and rights to Haida Gwaii and the surrounding waters. This action follows the unanimous decision of the BC Court of Appeal last week, which held that aboriginal title, once proven, would be an encumbrance on the Crown’s interests in the land, trees and waters of Haida Gwaii.

Last week the Court of Appeal ruled that the Province and Weyerhaeuser Canada Ltd. had breached a legal and enforceable duty to consult with the Haida regarding the replacement and transfer of Tree Farm Licence 39. The Haida Nation intends to make its best effort to negotiate and reach a workable accommodation that addresses its immediate concerns regarding the land and people of Haida Gwaii. In the meanwhile and for the longer term, the Haida are taking this action to legally establish Haida Title as a step towards reconciliation with Crown title on Haida Gwaii.

"This case is about respect for the earth and each other; it is about culture and about life", said Guujaaw, President of the Haida Nation.

This will be the first aboriginal title lawsuit since the landmark decision of the Supreme Court of Canada decision in Delgamuukw, which said that aboriginal title exists in Canada.

A public filing ceremony will be held at the Squamish Recreation Centre (100 Capilano, West Vancouver), at 10:00 am, followed by the filing of the case at the BC Supreme Court in Vancouver at 12:00 pm.

For further information, please contact Guujaaw, President of the Haida Nation, phone: 604-603-4282.