On July 29, the BC Court of Appeal overturned a BC Supreme Court decision and found the province breached its duty to consult

On July 29, the BC Court of Appeal overturned a BC Supreme Court decision and found the province breached its duty to consult with the Kwakiutl Indian Band regarding Forestry decisions impacting on Kwakiutl Traditional Territory, and that Kwakiutl’s 1851 Treaty rights “occupy the high end of the spectrum of claims demanding deep consultation.” The Court of Appeal also upheld the finding of the BC Supreme Court that the Douglas Treaties did not extinguish Kwakiutl Aboriginal rights and title, and the Crown (BC) must proceed on a correct basis regarding the rights at issue and provide a meaningful consultation process before a First Nation can be faulted for not engaging.

Louise Mandell, lawyer for Kwakiutl Indian Band, said, “This case sets a precedent… Governments can no longer ignore and minimize the pre-Confederation Treaties, and deny Aboriginal title in the decisions it makes about the lands and resources.”

In 1851, Kwakiutl Tribes entered into Treaties with the British Crown that stipulated that village sites and enclosed fields were to be kept for Kwakiutl’s own use, with the liberty to hunt over unoccupied lands and to fish as formerly. Kwakiutl Chief Yakawilas Coreen Child said, “To this very day, not one of our Treaty rights have been honoured.”