Tsilhqot’in had long eviction history

Federal and provincial authority may vary with the strength of an aboriginal title claim, as Fletcher contends.

Editor:

Re: Tom Fletcher’s column, Life after the Tsilhqot’in decision (B.C. Views, July 2).

1. Federal and provincial authority may vary with the strength of an aboriginal title claim, as Fletcher contends, in the sense that the obligation to consult and accommodate is proportional to the strength of the claim. But this is not so once aboriginal title has been proved in court (as the Tsilhqot’in have done).

Once such title is established it is no longer a matter of a “claim” and the aboriginal owners must consent to any development proposal respecting their land – unless the government supporting such a development meets the stringent constitutional test for limiting aboriginal rights and title in the absence of consent.

2. A finding of aboriginal title does not necessarily “lock in” communal ownership.

Just as treaty First Nations may agree to convert land to fee simple title, aboriginal title holders may agree to surrender land to the federal Crown on the condition that it be re-conveyed to them for the purpose of conversion to fee simple.

I suspect that obtaining such agreement is no easier in the former scenario that the latter, but it may be.

3. The Tsilhqot’in had a long history of keeping others out, and were the only First Nation that was hostile even to the fur trade. But they did not fight a war in the 1860s to defend their territory from a “wave of gold seekers.” They expelled everyone.

In 1864, after being threatened by the foreman of a crew building a wagon road through their territory – he had warned darkly of bringing back the small pox that had killed at least one third of their population two years earlier – they killed nearly all the crew and then killed or expelled all white settlers from their territory.

Hamar Foster, QC

Professor of Law, University of Victoria

Just Posted

Captain, all-star, MVP, and all about the team

Brittanne O’Connor’s drive to create Prince Rupert’s own women’s team has led to success and inspiration

VIDEO: Kaien Anti-Poverty Society hoping to raise $20K in 50/50 community bingo nights

KAPS is looking to raise money for a new vehicle to support their growing food program

Snickers and Superheroes at Udderfest

Fantasy and frivolity the Friday festival offerings

Rupert Lawn and Garden awards build contract for new site to Prince Rupert firm

Garden centre also set to announce temporary location while construction takes place

Esthetically pleasing program coming to Prince Rupert

Coast Mountain College is rolling out a new esthetics program in November

Heart of Our City: Kaps off to Colleen Hermanson

Colleen Hermanson began working in social services as early as 1968

The Northern View announces inaugural Tyee Fishing Derby in Prince Rupert

More than $7,000 up for grabs for biggest legal salmon and halibut

The Northern View 2019 Readers Choice

It’s that time of year again! Vote online or at the Prince Rupert office before noon on Aug. 30

‘It’s just the freedom:’ Paralyzed Broncos player pursuing life on the water

The former Humboldt Broncos goaltender, who started in the net when he was nine, was paralyzed last year

Canadians killed in Afghanistan honoured during emotional dedication ceremony

One-hundred-fifty-eight Canadian soldiers died during the mission

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

‘I’m just absolutely disgusted’: Husband furious after B.C. Mountie’s killer gets day parole

Kenneth Fenton was sentenced to prison after he fatally struck Const. Sarah Beckett’s cruiser

Sea-to-Sky Gondola in B.C. likely out of commission until 2020

Sea to Sky Gondola carries between 1,500 and 3,000 people every day during the summer season

Most Read