[IPSM] BC Provincial Government Will Lose in the Courts

[Devin Butler Burke]

PRESS RELEASE
FOR IMMEDIATE RELEASE
February 25, 2005

Provincial Government Will Lose in the Courts

(Coast Salish Territory/Vancouver, February 25, 2005) The Province of
British Columbia has all but admitted that it will lose in court if it
proceeds next week with two cases regarding Aboriginal title - one with
the Okanagan Band and the other with the Spallumcheen, Adams Lake and
Neskonlith Bands.

Both cases, Jules and Wilson were initiated by the BC Ministry of
Forests in 1999 when they issued and enforced stop work orders to the
Bands following logging operations started by the Bands under the
authority of timber licences and permits issued by their respective
Tribal Nations.

"I am astonished that the Province would rather "weasel out" of a fair
fight in court when in the past the Province used every lame excuse to
legally attack our judicially recognized Aboriginal Title and Rights. Is
it is a clear and undeniable admission that the Bands involved in Jules
and Wilson have cases of substantial merit, in other words, strong legal
arguments that cannot be overcome" stated Chief Stewart Phillip,
President of the UBCIC.

Chief Phillip observed "The Province claims sole ownership to the timber
and exclusive jurisdiction to manage and harvest it, I firmly believe
that the Bands were legally cutting trees pursuant to their
unextinguished Aboriginal Title and Rights. The logging operations
undertaken by the Okanagan and Secwepemc peoples were clear examples of
the legal reality of their respective Aboriginal Title interests to the
timber in their territories"

Legal counsel for the Bands were able to successfully argue that the
Province has to pay the Bands' costs of fighting Jules and Wilson
following a 2003 BC Court of Appeal decision on the costs issue which
was ultimately upheld by the Supreme Court of Canada. This decision
levelled the litigation playing field, making it possible for First
Nations to use the courts as the Province must pay for litigation in
exceptional circumstances - where there is a case of merit and the First
Nation cannot afford the litigation.

Chief Phillip concluded, "By shamelessly weaselling out of the court
proceedings and attempting to run away, the Province is deliberately
obstructing First Nations in their efforts to achieve the outcome of the
Supreme Court of Canada's Haida decision in terms of reconciliation,
consultation and accommodation. Reconciliation cannot result from the
Province's unilateral 'take it, or leave it' approach and when that
fails, refusing to commit to a fair hearing in a court of law.
Reconciliation can only occur when First Nations are recognized to have
true and meaningful involvement in land and resource use decisions,
allowing us both to benefit economically, but also to make the decisions
necessary to protect our lands for future generations. Anything less is
completely unacceptable!"

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FOR MORE INFORMATION CONTACT:
Chief Stewart Phillip (250) 490-5314
President