The B.C. Supreme Court has ruled in favour of the Gitanyow Hereditary Chiefs in a significant legal decision that may influence future Aboriginal title disputes and intergovernmental relations. Justice Stephens rejected the Nisga鈥檃 Nation鈥檚 request to be included as a defendant in the Aboriginal title case brought by the Gitanyow, scheduled for trial on Oct. 1.

If the Nisga鈥檃 were made a defendant, they would have had the right to formally respond to the lawsuit, be actively involved in all the preparations before the trial, and participate in every part of the trial itself, including making a final argument.

The case revolves around the claim of the Gitanyow Hereditary Chiefs to 6,200 square kilometres of land known as Gitanyow Lax鈥檡ip, situated within the Nass and Skeena Watersheds, encompassing the Kitwanga and Kispiox Rivers. The disputed territory largely overlaps with the Nass Wildlife Area, where the Nisga鈥檃 Nation holds non-exclusive hunting rights, as established in the 2000 Nisga鈥檃 Treaty 鈥� a treaty negotiated without the Gitanyow鈥檚 involvement.

In forming his decision Justice Stephens highlighted the complexities and extended duration of Aboriginal title litigation in B.C., stressing the need for a new approach that considers 鈥減roportionality, access to justice, and reconciliation.鈥� Stephens noted that adding the Nisga鈥檃 Nation as a defendant was unnecessary, as the Gitanyow had deliberately structured their claim to avoid challenging the Nisga鈥檃 Treaty.

鈥淚n reaching this decision, I have not only placed weight, as I must, on the Gitanyow鈥檚 interest in access to justice, but also on the interest in resolving such claims in a timely manner,鈥� Stephens wrote.

Sk鈥檃鈥檔ism Tsa 鈥榃in鈥橤iit (Joel Starlund), executive director of the Gitanyow Hereditary Chiefs, emphasized the decision鈥檚 wider significance, calling it a 鈥減owerful precedent鈥� not only for the Gitanyow鈥檚 pursuit of recognition and self-determination, but for all B.C. First Nations.

鈥淥ther Indigenous Nations can also share in this victory given the importance the court has placed on access to justice, and the public interest in seeing Aboriginal rights claims determined on their merits in a timely manner,鈥� he said in a statement.

However, Justice Stephen鈥檚 dismissal of the Nisga鈥檃鈥檚 application is not the end of the matter. The Nisga鈥檃 Lisims Government holds a statutory right to participate in any judicial proceeding where the interpretation of the Nisga鈥檃 Final Agreement is at play.

Stephens ordered a hearing be scheduled no less than 60 days before the trial to revisit the case鈥檚 progress, and decide then if and how the Nisga鈥檃 can be involved in the final argument.

Black Press reached out to the Nisga鈥檃 Lisims Government but a response was not received as of press time.