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A MEMBER OF THE NUU-CHAH-NULTH TRIBAL COUNCIL
A MEMBER OF THE NUU-CHAH-NULTH TRIBAL COUNCIL
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Nuchatlaht Updates
Nuchatlaht first nation press release: friday, april 22nd, 2022
Nuchatlaht First Nation Press Release
NUCHATLAHT FIRST NATION FEELS BETRAYED BY B.C. GOVERNMENT HYPOCRISY
Despite recent promises, it’s “business as usual” for B.C. government lawyers fighting against land claims
Despite recent promises, it’s “business as usual” for B.C. government lawyers fighting against land claims
April 22, 2022
NUCHATLAHT First Nation is appalled at the province’s refusal to follow its own litigation directives to uphold Indigenous rights, which were announced yesterday as part of the provincial action plan to implement the Declaration on the Rights of Indigenous Peoples Act (DRIPA). While the litigation directives aim to minimize the adversarial approach in litigation procedures that has historically disadvantaged Indigenous people, B.C.’s lawyers confirmed yesterday afternoon that they would not change their arguments against Nuchatlaht in B.C. Supreme Court.
In the ongoing Title case between the Nuchatlaht First Nation and British Columbia, as well as Canada, B.C.’s Crown Counsel responded to questions about the new litigation directives, saying yesterday that, “the Province has considered its pleading in the context of directives and at this time we’re not intending amendments.”1
“Premier Horgan is giving B.C. credit for the transformative change that UNDRIP will bring, yet they have led us further away from reconciliation, and lack any signs of good faith. Apparently they need 5 more years to talk about implementation,” said Nuchatlaht Tyee Ha’wilth Jordan Michael. “There has been no show of good faith. The hypocrisy of the provincial government is very apparent, and needs to be addressed.”
The B.C. government is directing its lawyers to advance multiple arguments against Nuchatlaht that are in contravention to new litigation directives, including that the Nuchatlaht Nation abandoned their territory; that Nuchatlaht is too small to hold Title; and that Title is “displaced” (meaning extinguished), despite the fact that these and similar oppressive arguments are not permitted under UNDRIP.
“They don't want a level playing field. They'll do whatever they need to keep the playing field tilted on their side,” said Nuchatlaht House Speaker Archie Little. “We are putting forward solutions to fix it and they want to tilt the field more in their favour.”
1 CNSL J. Echols, Page 71, uncertified B.C. Supreme Court transcript, April 21 2022 - ZC1299.
These litigation directives were ostensibly created to ensure an equitable process for First Nations undergoing litigation proceedings. However, by refusing to apply them to the Nuchatlaht case, B.C. is setting yet another shameful example of its dishonourable relations with First Nations.
“The government has had good intentions with implementing DRIPA, but you can't pick and choose when it is applicable,” said Nuchatlaht Councillor Melissa Jack. “People need to know that although this announcement about DRIPA was made, the B.C. government is trying to pick and choose at their convenience. There needs to be accountability if the government wants to make things right and not have double standards. This is a stall tactic from the Crown’s lawyers and is disrespectful to all parties involved. The Attorney General should be questioned about his government’s conduct in the Nuchatlaht case and should not disregard the rights of Indigenous peoples, including the current one at hand, the Nuchatlaht people.”
B.C.’s conduct in Nuchatlaht’s Title case is also contradictory with its public messaging on Indigenous rights. Murray Rankin, Minister of Indigenous Relations and Reconciliation has said that, “that is why we developed the Declaration Act legislation in the first place: to ensure that the human rights of Indigenous Peoples are advanced proactively and tangibly, saving valuable time and resources spent on litigation.”
“It is infuriating to me to read and listen to the directives of the Attorney General on the court case regarding our land title case and see how there’s no follow through,” said Nuchatlaht Councillor and Operations and Maintenance Manager Robert John. “The pretty words “better future,” and “true and lasting reconciliation” only apply to suit their publicity needs. Come on B.C., give your head a shake and show us some true reconciliation!”
Nuchatlaht has taken the provincial government to court in order to reclaim part of Nootka Island, and Nuchatlaht leaders are working to restore their stewardship of the area after decades of mismanagement. Nuchatlaht filed the claim in January 2017, and the case went to trial starting on March 21, 2022.
Nuchatlaht’s attorneys have finished their presentation of evidence, with the Province set to begin introducing evidence today (April 22, 2022). Nuchatlaht had hoped that BC would drop some of their expensive, distasteful, oppressive, and time-consuming positions, but those hopes were dashed when B.C. lawyers confirmed in open court that there will be no change of direction, despite the new litigation directives. B.C.’s lawyers could change their arguments at any time, saving pain and expense, and allowing the Nuchatlaht Nation to advance critical work for the people and the land.
“B.C. has shown us in the past how we cannot trust them. By continuing to go against their own words, it just proves that there is no reconciliation in sight,” said Nuchatlaht Councillor Erick Michael. “As stated by Grand Chief Stewart Phillip, some of our peoples have spent their whole lives fighting colonialism and the denial of our rights. My late grandfather Walter Michael was one of those people — he died trying to fight for our Nation’s rights. There needs to be change in how the government treats First Nations. The fact that the province is deciding not to follow litigation directives to uphold Indigineous rights displays that they are blatantly violating their own guiding principles.”
The Nuchatlaht First Nation is calling on Attorney General David Eby and his government to immediately review the government’s own pleadings in the Nuchatlaht case, and issue clarified instructions to Crown lawyers, in the spirit of reconciliation.
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Media contact: communications@nuchatlaht.com
NUCHATLAHT First Nation is appalled at the province’s refusal to follow its own litigation directives to uphold Indigenous rights, which were announced yesterday as part of the provincial action plan to implement the Declaration on the Rights of Indigenous Peoples Act (DRIPA). While the litigation directives aim to minimize the adversarial approach in litigation procedures that has historically disadvantaged Indigenous people, B.C.’s lawyers confirmed yesterday afternoon that they would not change their arguments against Nuchatlaht in B.C. Supreme Court.
In the ongoing Title case between the Nuchatlaht First Nation and British Columbia, as well as Canada, B.C.’s Crown Counsel responded to questions about the new litigation directives, saying yesterday that, “the Province has considered its pleading in the context of directives and at this time we’re not intending amendments.”1
“Premier Horgan is giving B.C. credit for the transformative change that UNDRIP will bring, yet they have led us further away from reconciliation, and lack any signs of good faith. Apparently they need 5 more years to talk about implementation,” said Nuchatlaht Tyee Ha’wilth Jordan Michael. “There has been no show of good faith. The hypocrisy of the provincial government is very apparent, and needs to be addressed.”
The B.C. government is directing its lawyers to advance multiple arguments against Nuchatlaht that are in contravention to new litigation directives, including that the Nuchatlaht Nation abandoned their territory; that Nuchatlaht is too small to hold Title; and that Title is “displaced” (meaning extinguished), despite the fact that these and similar oppressive arguments are not permitted under UNDRIP.
“They don't want a level playing field. They'll do whatever they need to keep the playing field tilted on their side,” said Nuchatlaht House Speaker Archie Little. “We are putting forward solutions to fix it and they want to tilt the field more in their favour.”
1 CNSL J. Echols, Page 71, uncertified B.C. Supreme Court transcript, April 21 2022 - ZC1299.
These litigation directives were ostensibly created to ensure an equitable process for First Nations undergoing litigation proceedings. However, by refusing to apply them to the Nuchatlaht case, B.C. is setting yet another shameful example of its dishonourable relations with First Nations.
“The government has had good intentions with implementing DRIPA, but you can't pick and choose when it is applicable,” said Nuchatlaht Councillor Melissa Jack. “People need to know that although this announcement about DRIPA was made, the B.C. government is trying to pick and choose at their convenience. There needs to be accountability if the government wants to make things right and not have double standards. This is a stall tactic from the Crown’s lawyers and is disrespectful to all parties involved. The Attorney General should be questioned about his government’s conduct in the Nuchatlaht case and should not disregard the rights of Indigenous peoples, including the current one at hand, the Nuchatlaht people.”
B.C.’s conduct in Nuchatlaht’s Title case is also contradictory with its public messaging on Indigenous rights. Murray Rankin, Minister of Indigenous Relations and Reconciliation has said that, “that is why we developed the Declaration Act legislation in the first place: to ensure that the human rights of Indigenous Peoples are advanced proactively and tangibly, saving valuable time and resources spent on litigation.”
“It is infuriating to me to read and listen to the directives of the Attorney General on the court case regarding our land title case and see how there’s no follow through,” said Nuchatlaht Councillor and Operations and Maintenance Manager Robert John. “The pretty words “better future,” and “true and lasting reconciliation” only apply to suit their publicity needs. Come on B.C., give your head a shake and show us some true reconciliation!”
Nuchatlaht has taken the provincial government to court in order to reclaim part of Nootka Island, and Nuchatlaht leaders are working to restore their stewardship of the area after decades of mismanagement. Nuchatlaht filed the claim in January 2017, and the case went to trial starting on March 21, 2022.
Nuchatlaht’s attorneys have finished their presentation of evidence, with the Province set to begin introducing evidence today (April 22, 2022). Nuchatlaht had hoped that BC would drop some of their expensive, distasteful, oppressive, and time-consuming positions, but those hopes were dashed when B.C. lawyers confirmed in open court that there will be no change of direction, despite the new litigation directives. B.C.’s lawyers could change their arguments at any time, saving pain and expense, and allowing the Nuchatlaht Nation to advance critical work for the people and the land.
“B.C. has shown us in the past how we cannot trust them. By continuing to go against their own words, it just proves that there is no reconciliation in sight,” said Nuchatlaht Councillor Erick Michael. “As stated by Grand Chief Stewart Phillip, some of our peoples have spent their whole lives fighting colonialism and the denial of our rights. My late grandfather Walter Michael was one of those people — he died trying to fight for our Nation’s rights. There needs to be change in how the government treats First Nations. The fact that the province is deciding not to follow litigation directives to uphold Indigineous rights displays that they are blatantly violating their own guiding principles.”
The Nuchatlaht First Nation is calling on Attorney General David Eby and his government to immediately review the government’s own pleadings in the Nuchatlaht case, and issue clarified instructions to Crown lawyers, in the spirit of reconciliation.
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Media contact: communications@nuchatlaht.com
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