"[12] In Calder v British Columbia (AG), the Supreme Court recognized that Aboriginal title to land was based in "historic occupation and possession" of their traditional territories and "does not depend on treaty, executive order or legislative enactment."[13][14]. [30] The government adopted some interim measures that shared some of the economic benefits resulting from resource development in land-claims areas. If Indigenous people wished to use the lands in ways that Aboriginal title did not permit, then the lands must be surrendered. Until Delgamuukw, no Canadian court had defined in detail what Aboriginal title means. We did all that and we did it jointly,” Sebastian says. The suit claimed title to over 58,000 km2 of land in northwestern British Columbia. We didn’t want to deal with that type of method,” Muldon says. “What’s going on is not good. “No individual hereditary chief can make such a decision because the Gitxsan Nation is a collective of all members,” Sterritt says.
The name Delgamuukw is a hereditary chief name, passed down from generation to generation to new Gitxsan chiefs. Read part two of the investigation: Who owns the land — the people or the chief?
The GTS then claimed it also represented the hereditary chiefs and filed an injunction against the blockade.

The two sides ended up in court, where they repeatedly fought over who has the legal right to speak for the Gitxsan Nation. "[3]:105[5], The second trial that was ordered has never happened, so the claim in this case remains unresolved. The court also clarified the content and definition of Aboriginal title, as previously explored in the Calder case (1973). The chiefs spent the next several years giving testimony in court. However, the court also acknowledged some limitations with Aboriginal title.

Reaffirming the decision in the Van der Peet case (1996), the court deemed that oral history is an important type of evidence that courts must treat as equal to other types of evidence. Johnny David, Mikhlikhlekh, was the first Wet'suwet'en chief to give evidence in the historic Delgamuukw land claims court case that set several precedents. Learn more about Discourse Media funding and ethics here.’]SkeenaWild Conservation Trust[/annotate], which opposes siting the pipeline terminus on Lelu Island. He was awarded the Order of Canada in 2010 for his art and his role in establishing oral history as valid evidence in Canadian courts. I felt the Gitxsan people were not consulted as we should be. Discourse Trevor Jang writes about the A chasm has  formed in the nation because chiefs disagree over how best to implement the Delgamuukw decision. The GTS then claimed it also represented the hereditary chiefs and filed an injunction against the blockade. I did all that stuff. “It’s something that we should be doing instead of the chickenshit politics that we do here,” says Muldon. It’s important to note that even though the Gitxsan and Wet’suwet’en won their case, the courts still did not declare that they have Aboriginal title. It says the B.C. If there was evidence for a claim, said the province, it should be in the form of compensation from the federal government. In December 1997, the Supreme Court of Canada issued a groundbreaking ruling containing its first definitive statement on the content of Aboriginal title in Canada. Policies that our people are doing down at the office are not totally our wishes. B.C. “I had members phone me and say they want $10,000, they want $20,000 — kind of a blackmail type thing.

This is not the first time divisions over a pipeline agreement have caused controversy among the Gitxsan. However, the appeal court ultimately agreed with McEachern that the Gitxsan and Wet’suwet’en did not have title to the land in question. as a lawyer for the Gitxsan and Wet’suwet’en peoples during the Delgamuukw case. Fisher, Robin (1992) "Judging History: Reflections on the Reasons for Judgment in Delgamuukw vs. CBC "[12], The trial took 374 days (318 days of evidence and 56 days of closing argument), spanning May 11, 1987 to June 30, 1990, in Vancouver and Smithers, British Columbia. [4]:para 165, The second prong of the justification test asks whether the infringement is "consistent with the special fiduciary relationship between the Crown and aboriginal peoples." Earl Muldon sits at his kitchen table surrounded by family, sipping coffee. The court held that the province does not have the power to extinguish Aboriginal rights, neither directly (because of Section 91(24) of the Constitution Act, 1867) nor indirectly through laws of general applicability (because they could not indicate clear and plain intent). as a Crown lawyer during the Delgamuukw case. We told them what the implications were if we won or lost. Note: "Aboriginal law" refers to Canadian law dealing with indigenous peoples, whereas "indigenous law" refers to the customary law of individual indigenous groups.

At the same time, Muldon is not opposed to development on the territory. It contains a clause that prohibits any Gitxsan member from challenging the LNG pipeline project in court. In. On 25 June 1993, the appeal court concluded that the government has a duty to consult with Indigenous peoples before they begin any projects that may infringe upon Indigenous rights. However, he remains opposed to the proposed location of the Pacific NorthWest LNG terminal on Lelu Island, a common concern from First Nations and environmentalists. An art instructor in the years before the first lawsuit began, Muldoe is a master carver whose works include masks, totem poles and bentwood boxes (see Indigenous Art in Canada). wrote in an email that “financial benefits provided through the agreement are transferred to the Gitxsan Development Corporation on behalf of the Gitxsan Nation. government will provide the Gitxsan Nation with numerous payments, adding up to nearly $6 million, at various stages of construction in exchange for support of the project.

He says he will discuss with his wilp members how the money could best serve the community. Thus, the rest of the opinion is technically obiter dicta, but it is still significant in that it has been restated and summarized in Tsilhqot'in Nation v British Columbia.[5][7][3]:100,104. [9][10] By 1984, British Columbia had begun to allow clear-cut logging in the Gitxsan and Wet’suwet’en territory without permission from the hereditary chiefs. The court case began in 1984. So how did Muldon, who holds the hereditary name, Delgamuukw, that represented the unified Gitxsan Nation in their fight for their land, come to be among the group supporting resource development and spurring internal conflict among the Gitxsan? And none of that happened.”. Earl Muldon (Delgamuukw), Gitxsan hereditary chiefSecondly, overturning McEachern, the court case confirmed that Aboriginal title, ownership of land had never been extinguished in British Columbia. As a result of those interactions, PRGT has been able to sign benefits agreements with 13 First Nations along the route.

"[25][24] Chief Justice Lamer, writing for the majority at the Supreme Court of Canada, acknowledged that Chief Justice McEachern did not have the benefit of the reasons from R v Van der Peet, which says "courts must not undervalue the evidence presented by aboriginal claimants simply because that evidence does not conform precisely with the evidentiary standards [applied in other contexts]. In both our laws and western laws you have to be consulted. His wife Shirley brings over a plate of cream cake topped with huckleberries.


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