Council of the Haida Nation
  • Home
  • History
    • Haida Nation
    • Haida Gwaii
    • Council of the Haida Nation
  • Governance
    • Constitution of the Haida Nation
    • Haida Accord
    • Mandate
    • Representatives
    • House of Assembly
    • Hereditary Chiefs Council
    • Village Councils
    • Secretariat of the Haida Nation
  • Programs
    • Human Resources
    • Heritage & Natural Resources
    • Protected Areas
    • Cultural Wood
    • Marine Planning
  • Documents & Agreements
  • Legal
  • Citizenship
  • Language
    • Gaw Tlagee Xaad Kil
    • HlGaagilda Xaayda Kil
  • Contacts
  • Public Notices
  • COVID-19
    • Haida Gwaii State of Emergency
    • CHN Announcements & Bulletins
    • Local Updates
    • Frequently Asked Questions
    • Essential Work Permits
    • Essential Services
  • Job Postings
  • Press Releases
  • Fisheries
  • Haida Laas
    • Haida Laas Stories
    • Haida Laas Issues
    • Journals
    • Special Editions
    • Acronyms, Abbreviations & Symbols
  • Media
    • PODCASTS
    • Webinars
  • Upcoming Events
News Ticker
  • [ February 4, 2021 ] Because gina ’waadluxan gud ad kwaagid everything depends on everything else: A summary of Haida Gwaii Marine Protected Areas Virtual Open House Haida Gwaii Marine Planning Program
  • [ January 12, 2021 ] Gaandlee Guu Jaalang Daughters of the River Salmon and Sisterhood at Sk‘aaws Community
  • [ January 8, 2021 ] Haida Gwaii State of Emergency and Luxury Lodges: A Timeline of 2020 COVID-19
  • [ January 6, 2021 ] Restoring Haida Commercial Fishing Fleets with the Fisheries Resources Reconciliation Agreement Fisheries Resources Reconciliation Agreement
  • [ December 18, 2020 ] Ga’ow Oodaa Gretchen Lewandowski – Strong Minds, Strong Nation Recipient Uncategorized
HomePress ReleasesBitumen Reference Case Decision – Response from Haida and Heiltsuk

Bitumen Reference Case Decision – Response from Haida and Heiltsuk

May 24, 2019 info@haidanation.com 0

May 24, 2019 — For Immediate Release:

May 24, 2019

 

Bitumen Reference Case Decision – Response from Haida and Heiltsuk

This morning, the B.C. Court of Appeal handed down a decision that reduces the power of provinces to protect lands and waters from inter-provincial infrastructural projects, and fails to recognize the role of Indigenous peoples in protecting the environment. The decision will increase the risk of oil spills and environmental damage associated with the proposed Trans Mountain pipeline expansion.

“Today’s ruling is disappointing as it reveals the lack of understanding and/or unwillingness of the courts to properly recognize Indigenous jurisdiction over our territories.  The failure to recognize our arguments in the ruling is a missed opportunity for the courts to demonstrate an act of genuine reconciliation,” says Nang Kaadlljuus President of the Haida Nation Gaagwiis Jason Alsop.

“The Court of Appeal’s ruling is offensive and irresponsible. It is unacceptable that despite being granted interested party status, the court failed to even acknowledge ours or any other Indigenous governments’ arguments in its decision. They invited us into the room, but they completely ignored us,” adds Marilyn Slett, elected Chief Councilor of the Heiltsuk Nation. “Despite over 30 years of litigation that has reinforced constitutional recognition of the rights of indigenous peoples, the Court took an overly narrow view. In this era of reconciliation and Crown commitments to implement the United Nations Declaration on the Rights of Indigenous Peoples, the decision today is a big step backwards. Heiltsuk will continue to advocate as a sovereign nation and a third order of government in Canada’s constitution. We will do this with the crown and in the courts.”

Heiltsuk and Haida were among four Indigenous interested persons that presented arguments to support B.C. in protecting the environment. They made arguments related to their inherent Indigenous title and rights and addressed gaps in the existing spill response framework that B.C.’s proposed legislation would address. However, today’s reasoning makes no mention of Indigenous arguments, instead referring solely to federal and provincial jurisdiction. Ignoring Indigenous jurisdiction reflects continued unwillingness to take practical steps towards reconciliation and recognition of title and rights in the real world.

Gaagwiis adds, “by ignoring our jurisdiction, laws and history of reconciliation on Haida Gwaii in this decision the courts have signalled that there is much work to do in educating lawyers and judges about the real history of Canada and the role of Indigenous governments in this idea of cooperative federalism. Indigenous governments are not equivalent in power to municipalities, that courts can choose to hear or ignore when convenient. We speak as Nations. Our laws and jurisdictions are the first order of government, as they flow from the natural laws of Earth. We have a responsibility to uphold these laws and protect our territories for future generations of our people and Canadians.”

 

For a copy of the decision, click here.
To download Press Release, click here.

 

Media Inquiries

Graham Richard

Council of the Haida Nation

778.361.0090

graham.richard@haidanation.com

###

Previous

CHN and Communities collaborate to get Community Forest tenure issued this year

Next

Free museum admissions for Island residents, courtesy of Gwaii Trust

HAIDA GWAII STATE OF EMERGENCY – OCTOBER 2, 2020

COVID-19 Video Update January 30, 2021

HGSOE – January 29, 2021 Temporary MEasures

SEARCH CHN WEBSITE

Haida Nation Essential Services

Webinars

Haida Gwaii Talks Coronavirus – an update on current COVID-19 cases on the Islands and how you can continue to protect yourself, your family and our communities – February 19, 2021 With: Haida Nation: President […]

click to watch

Podcasts

If you want to hear more of Haida Laas’ stories come alive, drop us a line on Facebook or email CHN Communications at info@haidanation.com. Haawa to the Haida Gwaii Radio Society for their partnership and […]

click to listen
G̲aw Tlagee (Old Massett)
  • 504 Naanii Street
    G̲aw Tlagee (Old Massett) V0T 1M0
  • chn.hts@haidanation.com
  • 250.626.5252
  • 250.626.3403
HlG̲aagilda (Skidegate)
  • #1 Reservoir Road
    HlG̲aagilda (Skidegate) V0T 1S1
  • chn.skidegate@haidanation.com
  • 250.559.4468
  • 250.559.8951

Copyright © 2021 | MH Magazine WordPress Theme by MH Themes