The BC First Nations Leadership Council (BC Assembly of First Nations, First Nations Summit and Union of BC Indian Chiefs) congratulates the Nuu-chah-nulth Nations on their significant legal victory today.
The Supreme Court of Canada released its decision on Canada’s application for leave to appeal the BC Court of Appeal’s ruling in Ahousaht et al. v. Canada (2013 BCCA 300). This marks the second time that the Supreme Court of Canada has denied leave to appeal in this case and essentially confirms the BC Court of Appeal’s affirmation of the Nuu-chah-nulth’s Aboriginal right to “fish and sell fish”, a right that was originally affirmed by the Supreme Court of British Columbia in 2009.
Now that the litigation has come to a close, a process to meaningfully engage and implement the Nuu-chah-nulth’s affirmed Aboriginal rights must be entered into in good faith by Fisheries and Oceans Canada (DFO). The process undertaken by DFO to date has been abysmal and troubling and the federal government needs to start taking the implementation of common law principles seriously.
The lack of implementation of Canadian court decisions concerning Aboriginal title and rights is not limited to the Ahousaht case. There are countless examples where Canada has refused to enter into meaningful negotiations with First Nations to implement rights that are affirmed by federal and provincial courts, including the Supreme Court of Canada.
The federal government needs to change direction on how it proceeds in addressing Aboriginal rights and title. Canada’s approach needs to be based on recognition of Aboriginal title and rights, followed by a reconciliation process where the honour of the crown is upheld and good faith negotiations ensue.
We urge the federal government to immediately develop a framework by which to engage with those Nations who have court-affirmed Aboriginal rights so as to uphold the honour of the crown and implement these important court rulings.
