Wet'suwet'en

Twenty elected First Nations councils have signed agreements with Coastal GasLink over its natural gas pipeline, the hereditary clan chiefs maintain that the pipeline has no authority to run 190 kilometers through their traditional territory without their consent.

Two Supreme Court of Canada (SCC) decision heavy influence on this situation T silhqot'in Nation v. British Columbi a 2014 SCC 44.

This SCC decision is a landmark decision that established Aboriginal land title for the Tsulhqot'in First Nation, with larger effects that may be extended to other situations that are similar in character.

As a result of the landmark decision, provinces cannot unilaterally claim a right to engage in resource-related activities (in this case clear-cut logging) on lands protected by Aboriginal title; they must engage in meaningful consultation with the title-holder before such projects can proceed. The SCC found that although the Aboriginal titleholder does not have to consent to the activity, without meaningful consultation, no infringement of the right can take place.

The second case, Delgamuukw v. British Columbia [1997] 3 SCR 1010, delivered the first comprehensive account of Aboriginal Title as distinct from Aboriginal Right in Canada.

For Future Generations by P. Dawn Mills; Don Ryan (Foreword by)
Call Number: E-Book
ISBN: 9781895830347
Publication Date: 2008-08-01
With material provided by the Gitxsan Hereditary Chiefs' office, court transcripts from Delgam'Uukw v. British Columbia, and her own research, Dawn Mills paints a compelling picture of the Gitxsan and their right to land and self-government. While the book focuses on the judgments rendered in the Gitxsan's struggle in the Supreme Court and an analysis of the judgments and strategies utilized, Mills also details the Gitxsan relationship to the land and their community. Contrary to the position taken by many legal scholars, Mills argues that the trial judgment in the Delgam'Uukw decision opened up new opportunities for First Nations people to present evidence based on oral traditions that had not been previously accepted by the courts. There is also a print version of this book in our collection.

WET 219 - Applied Water Law

Wet'suwet'en

Gitxsan and Wet'suwet'n Traditional Territory