Aboriginal title action quashed

An aboriginal title action launched against the province of British Columbia by the Gitksan and Wet’suwet’en hereditary chiefs more than three years ago was denied in a recent ruling by British Columbia Supreme Court Chief Justice Allan McEachern. The natives were claiming a vast area of north central British Columbia encompassing and surrounding the communities of Burns Lake, Smithers, New Hazelton, Hazelton and Kispiox.

McEachern ruled that aboriginal ownership of the land was extinguished by the Crown during the colonial period.

Native reaction to the ruling has been one of bitter disappointment, and many groups are predicting increased land use confrontations this summer in the province. The Gitksan and Wet’suwet’en chiefs are seeking to appeal the decision to the Supreme Court of Canada.

Resource industries reacted favorably to the ruling, particularly forestry companies that had several projects stalled because of land ownership uncertainties. However, media reports suggest that negotiations between native groups and the government will likely be required in order to settle the issue over the long term.


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