FSIN applauds historic ruling
- EFN Staff | June 26, 2014
The Chief of the Federation of Saskatchewan Indian Nations is applauding today's Supreme Court of Canada decision that granted Aboriginal title to more than 1,700 square kilometres of land in British Columbia to the Tsilhqot'in First Nation.
Chief Perry Bellegarde says the unanimous 8-0 decision "means that Canada's police of extinguishing Aboriginal rights and title...is out the door."
Bellegarde says the FSIN was a part of the decades long fight undertaken by the Tsilhqot'in First Nation, saying the FSIN provided political and financial support "because we knew it was one of the most important cases in Canada."
The case focuses on the Tsilhqot'in First Nation's claim to more than 440,000 hectares of land to the south and west of Williams Lake in the B.C. interior, but has implications for future economic and resource development on other First Nations lands.
Bellegarde believes the decision "breathes new life" into Section 35 of the Canadian Constitution, because he says now provincial government power is limited.
"There will be no more unilateral imposition from the Province," he says, when it comes to duty-to-consult and accommodate.
And, Bellegarde really believes the ruling means there is a chance at true reconciliation.
Bellegarde notes the timing of the decision, as today he and other FSIN officials are meeting in Saskatoon to discuss Treaty Land Entitlement claims, and just last week, the Pasqua First Nation took the province and federal government to court over slow-moving TLE claims.
As well, the government recently announced the Northern Gateway pipeline will go ahead, but Bellegarde says this ruling raises questions.
"You cannot unilaterally plough ahead," he says. "There's no way First Nations can be excluded from development now."
Bellegarde also believes today's decision will have an impact on the idea of resource revenue sharing, which the province has steadfastedly said it won't entertain. Bellegarde doesn't understand the opposition.
"It's really good for everybody," as he says it creates employment and economic development, the tools to getting out of poverty.
He also hopes that because the decision was unanimous, some real change will happen at the policy level.
"That should be a signal to the legislative and executive sides of government to get in line to reflect the judicial side."