Immediate Release: Nisga’a Lisims Government Pleased with Outcome of Today’s Appeal Ruling and Preparing for Next Steps

Press Release

August 29, 2024 — New Aiyansh, B.C. — Nisga’a Lisims Government welcomes the effect of today’s ruling by the Court of Appeal for British Columbia regarding the Nisga’a Nation’s participation in the Gitanyow’s Aboriginal title litigation. Nisga’a Lisims Government will, as a result, vigorously defend the Nisga’a Nation’s rights, history, and laws in that litigation.

Today’s ruling is an appeal of a Supreme Court of British Columbia decision from January 2024, which considered the role that the Nisga’a Nation may play in a future trial addressing the Gitanyow’s claim that they have Aboriginal title in portions of Nisga’a traditional territory. That Supreme Court ruling limited the Nisga’a Nation’s participation, as well as the Nisga’a Nation’s ability to lead evidence of Nisga’a history, Nisga’a Adaawak, and the Ayuuk Nisga’a. It also touched upon how the Gitanyow’s claims may interact with the Nisga’a Nation’s constitutionally-protected rights under the Nisga’a Final Agreement (the “Nisga’a Treaty”).

The Court of Appeal’s decision, released this morning, ultimately dismisses the Nisga’a Nation’s appeal, but provides guidance that can improve the Nisga’a Nation’s ability to defend Nisga’a Treaty rights and ensure Nisga’a evidence is before the courts.

Importantly, the Court of Appeal’s ruling confirms that any relief obtained by the Gitanyow in their litigation “will not affect” the Treaty rights of the Nisga’a Nation beyond what the Nisga’a Nation has agreed to.

The Court of Appeal also observes that the Supreme Court’s decision was affected by Canada and British Columbia’s refusal to make any submissions about the Nisga’a Nation’s participation or evidence. Nisga’a Lisims Govemment is taking active steps to address this failure.
“I am happy with this decision, because I see how the court provides the Nisga’a Nation with the tools we need to protect our lands and our law,” said Eva Clayton, President of

the Nisga’a Nation. “The appeal may have been ‘dismissed’, but the court has protected the Nisga’a Nation’s ability to have its voice heard and ultimately defend our treaty rights. The court has also correctly pointed out our treaty partners’ failure to support the Nisga’a Treaty, and Nisga’a Lisims Government will continue our efforts to address this.”

The Nisga’a Treaty came into effect on May 11, 2000, after a 113-year quest by generations of Nisga’a leaders for a just and honourable settlement. The Nisga’a Nation stands firm on the constitutionality of the Nisga’a Treaty, and fully expects and anticipates its treaty partners to do the same.
A full copy of the Court of Appeal’s decision can be found at: httos://www.bccourts.candb-txt/ca/24/03/2024BCCA0313.htm

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For further information, contact: Paul Mercer, Interim Director Communications & Intergovernmental Relations (250) 633 3059 — paulm@nisgaanation.ca

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