Gitksan-Wet'suwet'en chiefs appeal B.C. court decision

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The hereditary chiefs of the Gitksan-Wet'suwet'en are appealing a recent B.C. court decision quashing their land claim.

The appeal was filed April 2 in B.C. Court of Appeal. In their lawsuit the chiefs asked for a declaration from the courts they still hold Aboriginal title to 57,000-square kilometres of land they consider their traditional territory.

Chief Justice Allan McEachern dismissed the existence of aboriginal rights in his March 8 ruling. "The pre-Confederation colonial enactments construed in their historic setting exhibit a clear and plain intention to extinguish aboriginal interests in order to give an unburdened title to settlers and the Crown did extinguish such rights to all lands of the colony," he said in his 400-page judgement.

Fred Lennarson, adviser to the Lubicon Lake Indian Band near Peace River, said the decision "can be fairly characterized as stupid and racist. When you say people don't have rights you are denying them their humanity, that's racist."

Lennarson said the Judge "is saying to Natives 'you have no institutional recourse in this country, we'll crush you."

McEachern said the difficulties facing Natives "will not be solved in the context of legal rightsit is for elected officials not judges" to deal with Native issues.

Bill Erasmus, chief of the Dene Nation, said the ruling borders on "racism and ignorance."

Erasmus said if the decision is allowed to stand it will strengthen the government's position at the bargaining table "because it supports the status quo by saying if Indians had rights they were given up after contact."

Erasmus is certain the "appeal will surely succeed."