The forests north of Campbell River have fueled the region’s prosperity for decades. An Aboriginal rights laywers poses the idea that forests and other land-based resources might provide a greater return to the province if they were owned by First Nations. File photo by Alistair Taylor – Campbell River Mirror

The forests north of Campbell River have fueled the region’s prosperity for decades. An Aboriginal rights laywers poses the idea that forests and other land-based resources might provide a greater return to the province if they were owned by First Nations. File photo by Alistair Taylor – Campbell River Mirror

British Columbians in for a big adjustment with Aboriginal title settlement, lawyer says

The shift in ownership will be from what is normally called Crown ownership to Indigenous ownership

British Columbians are in for a big shock when ownership of large parts of the province switches from the Crown to First Nations, says Aboriginal rights and title lawyer Jack Woodward.

Woodward, who acts on behalf of First Nations in court, believes it’s going to be a big adjustment but that’s going to be a good thing for the province.

“Over the next generation, we’re going to see a replacement of ownership of large parts of the province,” Woodward said during a one-hour presentation hosted by the Campbell River Mirror on Zoom March 18 entitled Understanding Indigenous Rights and Title in Canada.

The shift in ownership will be from what is normally called Crown ownership to Indigenous ownership, “Not for the entire province but…for fairly large chunks of it,” he said.

The public was invited to listen into a conversation between Woodward and Binny Paul, the Campbell River Mirror’s Local Journalism Initiative Reporter. Woodward is currently representing the Nuchatlaht First Nation, which has received a trial date of March 15, 2022 from the B.C. Supreme Court to proceed with its Aboriginal land title case. The Nuchatlaht case is significant as it could pave the way for other First Nations in B.C.

RELATED: B.C. Supreme Court sets trial date set for Nuchatlaht First Nation’s historic land title case

The Nuchatlaht case is a direct application of the precedent-setting 2014 Tsilhqot’in decision, where the Supreme Court of Canada granted declaration of aboriginal title to more than 1,700 square kilometres of land in the Interior of British Columbia to the First Nation. Woodward was the lawyer for Tsilhqot’in Nation too.

In his March 18 presentation, Woodward said the change in ownership of large chunks of land in B.C. from Crown – or public – ownership to Indigenous ownership means that the land will be under local control. It won’t be under the control of distant capitals – like Victoria and Ottawa – nor foreign corporate head offices.

“Unfortunately, the history of British Columbia has been a history of resource giveaways so that now much of the forests of British Columbia are actually owned by corporations that are owned by foreigners,” Woodward said, “so the province doesn’t belong to British Columbia now anyway.”

But you can expect that to change and it’s going to be a “big shock and a big surprise and a big adjustment for the system to get used to,” Woodward said.

“There’s going to be a different landlord,” he said. “It’s going to be a local landlord, not a foreign landlord.”

Two conditions lead Woodward to the belief that that will be a good thing for the province: a traditional respect for land and the environment in First Nations culture and a legal obligation to protect it.

Traditionally speaking, you might say that First Nations are more likely to be better stewards of the land than in the present system where you have governments in Ottawa and Victoria that are somewhat remote from the local territory. But Woodward says First Nations are more respectful of the natural environment and the lands around, generally speaking, and have a natural inclination to be better stewards of the lands and resources.

“Close to the land, close to their resources,” Woodward said.

Meanwhile, legally, precedent under Canadian law has established that there is an inherent limitation on Aboriginal title and that limit is that First Nations own the land but they’re not allowed to destroy it, Woodward said. Unlike the governments of both Canada and British Columbia which claim such a degree of ownership to the extent that it allows them to destroy land.

“When First Nations do assume ownership of their land, they, unlike federal and provincial governments, are not allowed to destroy the fundamental economic value and productivity of the land,” Woodward said, “so, they’re forced by our legal system to be good stewards.”

Woodward’s wide-ranging presentation touched on numerous other aspects of the Aboriginal rights and title question, including the precedent setting royal Proclamation of 1763 as well as the implications of the Indian Act, the United Nations Declaration of the Rights of Indigenous People and more.


@AlstrT
editor@campbellrivermirror.com

Like us on Facebook and follow us on Twitter

First NationsIndigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

B.C.’s public health restrictions on non-essential travel are reinforced by orders effective April 23, 2021 to stay within your own regional health authority except for essential travel such as work and medical appointmens. (B.C. government)
B.C.’s COVID-19 non-essential travel ban takes effect, $575 fines approved

Checks on highways, ferries between Lower Mainland, Vancouver Island, Interior

Carter Spring
Dynamiter’s Spring ready for next challenge with Ice Wolves

Submitted by EMANUEL SEQUIERA Kimberley Dynamiter Carter Spring is ready to make… Continue reading

Kimberley case counts not at the point for 18 years and older community vaccination, says Interior Health. (File photo)
Many factors considered for smaller community-wide vaccination: Interior Health

East Kootenay resort town’s COVID-19 situation not at the point of community-wide vaccination, say officials

Richard Desautel with supporters outside the courthouse in Nelson, B.C., in 2017. Photo: Bill Metcalfe
UPDATED: Sinixt win historic decision at Supreme Court of Canada

The decision essentially reverses a 1956 declaration the Sinixt were extinct

Mark Skage and his son Mica during the filming of a West Kootenay episode of Start ‘em Young. Photo: Submitted
TV show films West Kootenay hunting trip

Start ‘Em Young aims to encourage kids to get out in the wilderness

Canadian Prime Minister Justin Trudeau and United States President Joe Biden smile as they say farewell following a virtual joint statement in Ottawa, Tuesday, February 23, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau pledges to cut emissions by 40% to 45% by 2030, short of U.S. goal

Trudeau announced target during a virtual climate summit convened by U.S. President Joe Biden

A plan flew over the Lower Mainland with a sign expressing some Canucks fans’ discontent with the team’s general manager. (Niqhil Velji - Twitter Screenshot)
#FireBenning movement gets off the ground in Metro Vancouver

Canucks fans raise enough money to fly banner over Metro Vancouver asking for team GM to be canned

The freed osprey keeps a wary eye on its rescuers after being deposited on its nest. (Photo credit: Greg Hiltz)
Hydro crew in Ashcroft gets osprey rescue call-out they won’t soon forget

Bird was tangled in baling wire hanging from a hydro pole, necessitating a tricky rescue

The Sandhill Cranes had been feeding in a slough near the railway tracks and took flight when were disturbed by atrain. Bob Whetham photo
Urban wildlife Part X: The Kootenay birds of 2021

The work of local photographers in the Kootenay Advertiser in 2021. Part X. With links to Parts I-IX

Minister of Public Safety and Solicitor General Mike Farnworth speaks to media at the Legislature in Victoria, B.C., on Monday February 5, 2018. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to announce travel restrictions today to limit COVID-19 spread

Mike Farnworth is expected to give details of what the government views as essential travel

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

MLA Shirley Bond, right, answers questions during a press conference at Legislature in Victoria, B.C., on February 19, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. gaming minister says she wasn’t told directly about dirty cash flowing to casinos

Shirley Bond said Thursday civil forfeiture, gang violence and gambling addiction were also major concerns in 2011

RCMP Constable Etsell speaks to tourists leaving the area at a police roadblock on Westside Road south of Fintry, B.C., Thursday, July 23, 2009. THE CANADIAN PRESS/ Yvonne Berg
B.C. police say they take ‘exception’ to conducting roadblocks limiting travel

Asking the police to enforce roadblocks exposes officers to further risk and possible COVID-19 infections, says federation president Brian Sauve

As part of the province’s strategy to combat the opioid overdose crisis, take-home naloxone kits have been distributed throughout the province. (Courtesy of Gaëlle Nicolussi)
Vancouver Island could be at its worst point of overdose crises yet: medical health officer

Island Health issued overdose advisories for Victoria, various communities in the last two weeks

Most Read