B.C. land claim rights rekindled

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The fires of First Nations' land claims have stamped out extinguishment in B.C.

In a landmark and unanimous decision, the B.C. Court of Appeal has recognized the existence of Aboriginal rights and their inherent protection in the Constitution. An overflowing Vancouver courtroom greeted Delgamuukw Decision Day on June 25 with mixed emotions.

All five senor judges rejected B.C. Chief Justice Allan McEachern's 1991 ruling that Native rights in B.C. were extinguished long ago.

"McEachern was wrong. We were right," said Earl Muldoe, current holder of the Delgamuukw name as a hereditary chief of the Gitskan nation.

The Gitskan Wet'suwet'en land claim battle lost full title to over 57,000 square kilometres of traditional territory in the Bulkley and Skeena regions of north Central B.C. in a 3-1 ruling. But the rejection of extinguishment positions of the Gitskan Wet'suwet'en and other First Nations on strong ground as the province-wide B.C. Treaty Commission gears up for lengthy land claims negotiations this fall.

"The wicked witch of extinguishment is dead!" proclaimed Assembly of First Nations spokesperson Ed John at the post judgment press conference.

The Delgamuukw court challenge was launched nine years ago, and McEachern's 1991 decision dealt a smashing defeat.

The court battles have cost an estimated $100 million in legal fees, research and preparation, and the case appears likely to wind up in the Supreme Court of Canada.

The five-judge appeal panel sat for 34 days from May to July last year, with numerous special interest groups granted intervenor status.

Justices Henry Hutcheson, Douglas Lambert, Alan Macfarlane, John Taggart and Wilfred Wallace produced a massive 271 page final document on the claim. A second parallel volume of similar size was released in the appeals of seven fishing and hunting cases.

The texts have hit bestseller status, despite the price of $25 each. In just two days, more than 1,300 Delgamuukw volumes were snapped up, and approximately 600 copies of the second volume were sold.

"We no longer have to rely on handouts and crumbs falling from the table of two levels of government for our existence," said Herb George, speaker for the Gitskan Wet'suwet'ten.

"Our rights still flow and they will flow forever," said Delgamuukw before a rousing standing ovation.