Nisga’a Treaty back in the spotlight

A case originally dismissed two years ago, has been give a second life as the B. C. court of Appeal set aside the 2005 ruling that dismissed the Nisga'a treaty challenge court case of that day.

At the time a court challenge was launched to in court to see if the 1999 Nisga’a treaty violated the constitution. The original case was launched by two Nisga’a elders who had concerns over the negotiated treaty. The case was thrown out because the plaintiffs had failed to comply with orders of the court in respect to pre-trial procedures.

Tuesday’s reversal clears the way for a resumption of legal motions to have the treaty terminated, however, in the interim Nelson Leeson, president of the Nisga'a Nation said that The Nisga'a Treaty will remain fully in force as the court case heads towards the courts again.

The Daily News featured the details and provided some background on the controversy as the front page story of the Wednesday paper.

SIDES HEAD BACK TO COURT IN DISPUTE OVER NISGA'A TREATY
By Leanne Ritchie
The Daily News
Wednesday, October 10, 2007
Pages one and three

The fact that the B.C. Court of Appeal has officially breathed new life into court action by a group of Nisga'a elders seeking to have the Nisga'a Treaty dismissed has stiffened the resolve of elected Nisga'a leaders to defend the treaty.

On Tuesday, three justices overturned a 2005 ruling dismissing the application. This will allow the case brought by James Robinson, known as Chief Mountain, and Mercy Thomas to be heard in B.C. Supreme Court.

The case was originally dismissed in 2005 by the British Columbia Supreme Court because the plaintiffs had failed to comply with orders of the court in respect to pre-trial procedures.
In 2006, B.C. justices ruled Chief Mountain's side deserved a chance to explain what happened and that the constitutionality of the Nisga'a Treaty was an important national issue that needed to be heard.

Yesterday, the court ruled to officially set aside the 2005 motion dismissing the action, noting "while procedural wrangling and foot dragging may precipitate an order dismissing an appeal for procedural reasons, that result is to be avoided where it is reasonable to do so."

The 1999 Nisga'a Treaty saw Canada and B.C. cede to the Nisga'a 2,000 square kilometres of land, pay $253 million in cash and grant some self-governing powers.

The key question in the suit being brought by Chief Mountain and Mercy Thomas is whether the Nisga'a treaty violates the constitution by creating a third order of government.

Nelson Leeson, president of the Nisga'a Nation, reacted to the ruling by expressing the resolve of the Nisga'a Nation to defend the treaty.

"Today's ruling does not address the substance of the Nisga'a Treaty, but merely makes it possible for the plaintiffs to resume their challenge in the British Columbia Supreme Court," said Leeson. "We are fully prepared to defend the constitutionality of our treaty, as we have previously done, and we are confident that the Nisga'a Treaty will withstand this legal challenge. At the same time, we would rather get on with living our lives under the treaty than continue with lengthy and expensive litigation."

He added that contrary to statements made by the plaintiffs, under the Nisga'a Treaty every Nisga'a person has the right to be a Nisga'a citizen.

"The Nisga'a Treaty remains fully in force, and the Nisga'a Nation as well as the federal and provincial governments will defend the validity of the Treaty when the litigation resumes in the British Columbia Supreme Court."