The Lax Kw’alaams Band has asked to be included in the court case involving Kitkatla and the City of Prince Rupert related to the sale of Watson Island, raising questions over who holds Aboriginal title to the land, and say Kitkatla should have included them from the start.
“The area that is now commonly referred to as the Prince Rupert Harbour, including the land on Watson Island, sits at the core of the Lax Kw’alaams and Metlakatla Aboriginal title claim. In claiming Aboriginal title to Prince Rupert Harbour and Watson Island with the Notice of Civil Claim, the Gitxaala have directly put in issue the Aboriginal title of the Lax Kw’alaams. The nature of Aboriginal title is that it is exclusive and is established by the exclusive use and occupation of a site by an Aboriginal group,” reads court documents filed by Chief Garry Reece on behalf of the Lax Kw’alaams band, noting that Gitxaala “are well aware of the Lax Kw’alaams Aboriginal title to the lands”.
“The Gitxaala claim to Aboriginal title on Watson Island directly involves a consideration of the Lax Kw’alaams Aboriginal title claim to Watson Island because Aboriginal title is exclusive. If the Gitxaala were successful in this proceeding, then the Gitxaala will necessarily conflict or displace Lax Kw’alaams of its lands.”
Aside from the question of Aboriginal title, Lax Kw’alaams says it wants to be included given its interest in the future of the property as one of the groups looking to buy Watson Island, a group that also includes the Metlakatla Development Corporation and the Prince Rupert Port Authority.
“The Lax Kw’alaams’ interests as a purchaser of the site, with an exclusivity agreement, will be directly and adversely affected by the relief sought by the plaintiff in this proceeding,” said the court document.
Before those documents were filed by Lax Kw’alaams, the City of Prince Rupert filed its response to the suit, saying they completely disagree with the claims made by the Gitxaala Nation including the City’s responsibility to consult or accommodate and the Gitxalaa Nation’s Aboriginal title on the lands.
“The defendant is a democratically elected, autonomous, responsible and accountable government, and has the powers of natural persons. Consequently, the defendant operates as a separate legeal entity, independent from the Crown, and not as a creature of the Crown,” read the City’s response.
“The defendant has no obligation or authority to settle Aboriginal claims or enter treaty negotiations, which obligations and authority form the basis of any duty to accommodate or consult. Absent an express, delegated authority, the defendant owes no duty to consult or accommodate.”