First Nation ruling could send 'ripples' through treaty deals

VANCOUVER • In a landmark decision, the B.C. Supreme Court has found that a native band has proven its aboriginal title to about 2,000 square kilometres of land in the B.C. interior.

But Justice David Vickers stopped short of giving the Tsilhqot'in First Nation full ownership of the area, because their request was too broad.

"The court is not able, in the context of these proceedings, to make a declaration of Tsilhqot'in aboriginal title," wrote Judge Vickers, adding that, in his opinion, such title does exist.

The decision means the band maintains hunting and trapping rights on the land, but will have to enter negotiations if they want full ownership.

"I feel we didn't lose," said Chief Roger William, who filed the claim 17 years ago on behalf of all members of the Tsilhqot'in First Nation. "I'm falling short of saying 'win' because of declaration of title," he added. "At the same time, we still are able to control and make decisions and benefit from our lands."

Mr. William's lawyer, Jack Woodward, said the judge stopped short of transferring title because of a technicality, and that the ruling essentially tells the governments to hand over the land.

"It's a breathtaking victory for First Nations and will change the way the Crown deals with First Nations in British Columbia and across Canada," Mr. Woodward said, adding the case will send ripples though all treaty negotiations in the country.

Judge Vickers also concluded the province has unjustifiably infringed on aboriginal rights by authorizing logging in the area without first doing preliminary research.

The B.C. Council of Forest Industries had no comment. Both forest companies with licenses in the area said they were still digesting the ruling.