Filed - Notice of Civil Claim - Interference with the Treaty (00090807xDD1F1).PDF

Background on the Nisg̱a’a Treaty: PDF LINK BELOW

FOR IMMEDIATE RELEASE
December 21, 2023

NISG̱A’A LISIMS GOVERNMENT FILES LAWSUIT IN SUPREME COURT OF BRITISH COLUMBIA AGAINST ILLEGAL OCCUPANTS OF NISG̱A’A TREATY AREAS FOR INTERFERING WITH TREATY RIGHTS

Nisg̱a’a Lisims Government becomes first modern treaty nation to take legal steps to enforce its constitutionally-protected treaty rights against persons who are not party to the treaty
Gitlaxt’aamiks, British Columbia – A group referring to themselves as the “Raven Clan Outlaws” is illegally occupying and undertaking harmful activities at a site within Nisg̱a’a traditional territory and the Nass Wildlife Area.
The occupants’ activities at the site include: damaging forest resources by clear-cutting trees; erecting permanent cabins and structures; marketing accommodations; operating a farm; raising and selling livestock near waterways (now at risk of contamination). They also appear to be growing and selling cannabis without a license. They have stated they do not recognize provincial or federal laws, and we understand that they have not applied for or received approval from any government to use this land.

Under the Nisg̱a’a Treaty, Nisg̱a’a citizens have constitutionally-protected harvesting rights within the Nass Wildlife Area. As part of its responsibility to Nisg̱a’a citizens and to protect Nisg̱a’a treaty rights as well as the environment, Nisg̱a’a Lisims Government has launched a lawsuit in the Supreme Court of British Columbia against the occupants to stop the occupation.
The Nisg̱a’a Treaty, which came into effect on May 11, 2000, is the first modern treaty in British Columbia. The Nisg̱a’a Nation, along with the Governments of British Columbia and Canada, are parties to the Nisg̱a’a Treaty. The treaty has the force of law and applies to everyone, including the occupants.

The actions of the occupants are limiting Nisg̱a'a citizens’ ability to exercise their treaty rights to safely harvest wildlife in the area; hunting in the vicinity of an occupied site would not only be dangerous but is also against Nisg̱a’a laws. The occupants are also having a negative impact on the environment by clear-cutting forests, not complying with environmental and cannabis legislation, polluting the grounds with farm waste and potentially contaminating nearby waterways.

“Nisg̱a’a Lisims Government is taking this action to protect our citizens’ rights, our traditional lands and the larger Nass Wildlife Area,” said Nisg̱a’a Lisims Government President, Eva Clayton. “The occupiers are causing real harm to the environment and cannot be allowed to continue to undertake their unlawful activities at the site. The Nisg̱a’a Treaty provides our citizens with the right to hunt and harvest wildlife to provide for their families, as they always have. We will do everything we can to protect these hard-won rights.”

Nisg̱a’a Lisims Government urgently wants a resolution to the illegal occupation of and damage to our lands, and to stop the unlawful interference with its treaty rights. To this end, Nisg̱a’a Lisims Government has filed a lawsuit in the Supreme Court of British Columbia against these occupants of traditional Nisg̱a’a lands.
This lawsuit appears to be the first instance of a modern treaty nation taking steps to enforce its treaty rights against persons who are not a party to that treaty.
“We believe that we have a very strong case, since the Nisg̱a’a Treaty clearly outlines our rights,” said President Clayton. “In addition, the United Nations Declaration on the Rights of Indigenous Peoples states that the Nisg̱a’a Nation has the right to the recognition, observance and enforcement of our treaty. We are taking the steps necessary to have our treaty respected and enforced. This illegal occupation is undermining our rights, which means the terms of the Nisg̱a’a Treaty are not being honoured.”

Nisg̱a’a Lisims Government and community leaders in the Nisg̱a’a Nation have attempted to engage with the individuals at the site, but the occupiers have made it clear that they do not intend to cease their activities.
A copy of the claim is available here.

-30-

Backgrounder Attached

About the Nisg̱a’a Lisims Government
Proud British Columbians and Canadians, Nisg̱a’a citizens are responsible for building and maintaining our own institutions. The Nisg̱a’a Nation is represented by Nisg̱a’a Lisims Government (NLG) — a modern, forward-thinking administration based on traditional culture and values. Nisg̱a’a Lisims Government has the authority to pass laws on a broad range of matters. At the same time, Nisg̱a’a lawmaking authority is concurrent with federal and provincial authority. Designed to assure democracy, transparency, and accountability, Nisg̱a’a Government is comprised of Nisg̱a’a Lisims Government, the four Nisg̱a’a Village Governments, and three Urban Locals.

Media contact:
Tamara Little
Coast Communications and Public Affairs
tamara@coastcomms.ca
(604) 767-0207

Paul Mercer
Nisg̱a’a Lisims Government
Communications Officer / Communications and Inter-Governmental Relations paulm@nisgaanation.ca
(250) 633-3059