The work has just begun for the Quw鈥檜tsun Nation to recover land title and fisheries rights near the mouth of the Fraser River after the B.C. Supreme Court ruled in the First Nations鈥� favour, the First Nations' chiefs said.
Four of the five chiefs of the Quw鈥檜tsun Nation and their legal counsel from Woodward and Co. held a sometimes emotional press conference on Aug. 11 after the court ruled the First Nations have Aboriginal title over the Tl鈥檜qtinus village lands, which is located on the south shore of Lulu Island that is now in the City of Richmond.
The court also ruled they have the right to fish the south arm of the Fraser River, historically known as the Cowichan River, for food.
Cowichan Tribes Chief Cindy Daniels (Sulsulxumaat) said the lands were an essential part of the territory of the Quw鈥檜tsun Nation, which consists of Cowichan Tribes, Stz鈥檜minus First Nation, Penelakut Tribe, and Halalt First Nation, as well as the supporting Lyackson First Nation, and their loss approximately 150 years ago were deeply felt by the First Nations for many generations.
鈥淲e unsuccessfully tried to tie the return of the lands to the treaty process, so we went through the courts,鈥� Daniels said. 鈥淭he court鈥檚 declaration is important to reconciliation and to correct the historical injustice that was done to us. We will not pursue this with malice and we will conduct ourselves with one mind, one head and one spirit for our culture and community, and for the generations to come.鈥�
After 513 days at trial, the longest in Canadian history, and more than 20 months since closing arguments, court ruled in a more than 800-word judgment that the province owes a duty to the Quw鈥檜tsun Nation to negotiate in good faith reconciliation of the Crown granted fee simple interests held by third parties in regards to the village lands.
The case was based on the claim of the Quw鈥檜tsun Nation of close to 1,850 acres of traditional village and surrounding lands on Lulu Island, as well as the right to fish the south arm of the Fraser River for food.
The land is currently owned by the governments of Canada and B.C., the Vancouver Fraser Port Authority, the City of Richmond and private owners.
David Robbins, from Woodward and Co., said what happens next has yet to be determined, but discussions will he held between the Quw鈥檜tsun Nation, the prime minister, B.C.鈥檚 premier, Transport Canada, Fisheries and Oceans Canada and the province鈥檚 attorney general to determine what the next steps will be.
鈥淭he court has determined that B.C. has a duty to reconcile with the Quw鈥檜tsun Nation (in regards to the lands),鈥� Robbins said. 鈥淲e look forward to talking to the premier and the attorney general. As for the lands that are now privately owned, we have no determination in that regard at this time.鈥�
But B.C. Attorney General Niki Sharma said the province "strongly disagrees" with the court's decision and will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved.
"We respect the court's role in our justice system, but given the significant legal issues raised in the recent (court) decision, we believe it must be reconsidered on appeal," she said.
"This ruling could have significant unintended consequences for fee simple private property rights in B.C. that must be reconsidered by a higher court. Our government is committed to protecting and upholding private property rights, while advancing the critical work of reconciliation. This case is an example of why the province prefers to resolve land claims through negotiation, where we can protect property rights directly, rather than risk considerable uncertainty through court decisions. We will continue to provide updates as this process moves forward."
The Quw鈥檜tsun Nation had a semi-permanent fishing village, called Tl鈥檜qtinus, at the mouth of the Fraser River around the time of contact with Europeans which their ancestors travelled to annually from the Gulf Islands in order to fish for food and harvest plants.
The First Nations' large permanent village was first observed by Hudson鈥檚 Bay Company officials in 1824 as containing more than 108 longhouses and first charted in 1827 as a landmark on the Fraser River鈥檚 main channel.
But the land was eventually expropriated by the former governor of B.C. James Douglas in 1859 and 1860 and the BC Supreme Court ruled in its judgment that the expropriation was illegal and now it鈥檚 up to senior levels of government to address it.
Stz鈥檜minus First Nation Chief John Elliot said the Quw鈥檜tsun Nation worked hard for many years for the historic opportunity to fish and gather food on the Fraser River land once again.
鈥淲e knew we would someday be back on the river doing what our ancestors did; fishing and gathering and flourishing,鈥� Elliot said before he lost his voice to emotions for a few seconds. 鈥淭his is a day of celebration but there鈥檚 still a lot of work ahead of us. I鈥檇 like to thank everyone who was involved in helping us get back what was once rightfully ours.鈥�
Penelakut First Nation Chief Pam Jack said the Quw鈥檜tsun Nation didn鈥檛 take on the fight for the land for the sake of going to court and being in front of cameras.
鈥淲e did this for the right to be on the land where we belong, and bringing our Elders鈥� voices forward,鈥� she said.
