NOOTKA SOUND BC HOW TO
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Plant said the lawsuit, as it’s structured, is “incapable of fully addressing the rights of third parties and the public interest.” Western Forest Products has provincially approved logging tenures in the claim area. But Geoff Plant urged the court to consider how a declaration recognizing the nation’s rights and title would affect third parties. That case recognized Tsilhqot’in rights and title over a large section of their traditional territory in B.C.’s Interior.Ī lawyer for Western Forest Products, which is named as a defendant in the lawsuit, told the court on Tuesday that the logging company takes no position on whether the Nuchatlaht have Aboriginal title on Nootka Island.
The claim meets the test for Aboriginal title set out in the Supreme Court of Canada’s landmark Tsilhqot’in decision in 2014, he said. Jack Woodward, a lawyer for the nation, told the court on Monday that expert evidence shows the Nuchatlaht were organized into a confederacy of sorts, with a number of groups who shared a summertime gathering place in the claim area. The lawsuit asks for a declaration that recognizes their title and puts a stop to logging. and federal governments have denied their rights by “effectively dispossessing” them of the land. The Nuchatlaht Nation, which has about 160 members, claims the B.C. The legal test would not allow the modern Nuchatlaht to take on the title of other historical Indigenous groups whose members joined or merged with them, he said. He told the court that case law has established that Aboriginal title is not transferable.
NOOTKA SOUND BC TRIAL
Supreme Court trial on Tuesday that the government disputes the First Nation’s claim to 230 square kilometres of land on Nootka Island, off Vancouver Island’s west coast.Įchols said the “modern-day” Nuchatlaht draws its membership from a broader base of Indigenous Peoples, and the province plans to present evidence showing the First Nation wasn’t alone in using the island when the Crown asserted sovereignty over what’s now B.C. A lawyer for the British Columbia government says it admits members of the Nuchatlaht First Nation are descended from a historical Indigenous collective, but the lineage through a family of chiefs doesn’t establish Aboriginal title to an area its claiming.
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