Strong Nisg̱a’a Presence at BC Court of Appeal
A delegation of Nisg̱a’a simgigat, sigidimhaanaḵ’, elected members of Wilp Si’ayuuḵhl Nisg̱a’a and staff were in the BC Court of Appeal this week to observe the proceedings in the appeal of the Gitanyow Hereditary Chiefs (the “Appellants”) and intervenors - the Union of BC Indian Chiefs, Nak’azdli Whut’en First Nations and Lax Kw’alaams.
In November 2015, the Gitanyow Hereditary Chiefs commenced proceedings in the Supreme Court of British Columbia against British Columbia, claiming the provincial Crown owed a duty to consult and accommodate the Gitanyow before making certain decisions under the Nisg̱a’a Final Agreement in respect of wildlife harvesting.
On March 20, 2018, Sharma J. delivered her judgment in Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2018 BCSC 440, and dismissed the claims of the Gitanyow Hereditary Chiefs. The judgment was published on March 21, 2018.
In this weeks’ 3 day proceedings the Appellants and Intervenors presented their factums, after which the respondents for the Minister of Forest, Lands and Natural Resource Operations and the Nisg̱a’a Nation had opportunity to respond. Representing the Nisg̱a’a Nation were General Counsel Jim Aldridge, QC and Micah Clark.
At the conclusion of the proceedings the 3 judges announced they reserve decision – which may take several months.