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Haida and Municipalities against BC and Canada in Supreme Court of BC

Anonyme, Monday, March 22, 2004 - 10:55

michael nicoll yahgulanaas

how communities win against big government

Haida Nation Signs Historic Agreement with Island Communities
Heads off to Court

On Friday night the Haida Nation put on a Feast in Port Clements to thank
the Community for the positions taken in the upcoming hearing of the Supreme
Court of Canada. The school gymnasium was full as people came together from
all parts of the islands and heard from the Hereditary Chiefs and Political
Leaders. The hi-lite of the evening was a signing of an agreement in which
has been in the works for two years. The islands two municipal governments,
New Masset and Port Clements will represent their interests directly with
the Haida Nation in conciliation of Crown and Haida Titles. The agreement
sites concerns for the well being of the land and communities which are
being squandered under present regeimes.

Provincial representatives had been on the islands and invited but
declined to attend, provincial employees were discouraged from attending

"In these times of ecological, social, and economic troubles, the Provincial
Government should be here and encouraging this kind of alliances across the
land instead of hiding and threatening economic sanctions on these
communities" says Guujaaw, President of the Haida Nation.

This week the Haida Nation, accompanied by the two Mayors and Chiefs and
indigenous Political Leaders from across Canada will travel to Ottawa where
the Supreme Court of Canada will review one of the most important rulings in
recent history.

The Province of British Columbia and Weyerhaeuser will ask the courts to
overturn a ruling of the BC Court of Appeal, which found that in the light
of all the apparent evidence of Haida title, that both the Crown and
Industry have a duty to Œconsult and seek workable accommodations‚ with the
cultural and economic interests of the Haida Nation.

Joining as interveners on the side of BC are 8 provinces the BC Chamber of
commerce, the BC Business Council, the Council of forest Industries and the
Cattlemen's Association and the Government of Canada. The theme of the
interveners factum was that the duty should not come into play until Haida
Title is proven in a court of law, and if it does, says industry, who claims
the position of being an innocent third party, the duty should only fall on
the Crown. The interveners say that there are already remedies available to
the Haida Nation without this ruling and alternatively they say if there is
to be a duty that it should not be substantive. The over arching
theme?.everything is going fine, just leave us to it.

On the side of the Haida Nation is LaxKw‚laams, Haisla, Squamish, the BC
Summit of indigenous nations , the Union of BC Indian Chiefs and the Village of Port Clements. The
Haida Nation will also be accompanied by the Chiefs of the GitKsaan who had
brought about the historic Delgamuukw ruling. The First Nation interveners
will show the court that after years of treaty process, little has been
accomplished and that this ruling has finally caused the Crown and Industry
to have to respond to Aboriginal Title in a meaningful way, also that given
the powers given by the Crown to the industry, it is necessary that industry
also carry the duty. The village of Port Clements will make the case that it
should not be assumed that the Canadian Public's interests are represented by the
Industry and the Crown who are bringing the island economy and ecology to
ruin and that their interests are more aligned with the Haida Nation, that
if the court allows the crown and industry are left with no duty, their
community will be wiped out.

"While we have come to expect the worse from the Province of BC, the most
disappointing position has been that of the Government of Canada, who
instead of coming in on our side, has taken the position that if there is to
be a duty to our people, that duty should be unsubstantive" says Guujaaw,

This is about the well being of our lands and our people, which in turn is
the well being of all people and this planet‚

for copies of accord, summary of positions taken by the crown, 250-559-4468

www.rockingraven.com


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