"We're pleased with the Court's decision. Kitkatla needs to recognize and accept its original boundaries. We respect our neighbours, but they need to accept their traditional boundaries for what they have always been,"-- Lax Kw'alaams elected chief, John Helin, expressing his thoughts on a recent court ruling that denies the Gitxaala intervenor status to an October court ruling.
A potential dispute over territorial rights seems to have been rendered moot, as the BC Court of Appeal rules that the Gitxaala (Kitkatla) Nation will not have intervener status during an October hearing over Lax Kw'alaams fishing title rights, a move that was welcomed in Lax Kw'alaams.
The ruling could have further impacts beyond the fishing rights case coming up later this year, Gitxaala has been trying to enter into discussions with the Federal Government and the Port of Prince Rupert over development of the Phase 2 container port, the recent denial in the fishing title case could prove to be a precedent for further interventions into areas of concern that may now be considered out of their normal territorial range.
The Tuesday paper outlined the nature of the dispute and the feedback from Lax Kw'alaams regarding it.
The BC Court of Appeal has ruled that the Gitxaala (Kitkatla) Nation will not have intervener status during an October hearing over Lax Kw'alaams fishing title rights.
The decision means that Gitxaala's claim to territorial rights over significant portions of Prince Rupert, which was presented to the public last October, will have no bearing on any decision
Madam Justice Pamela Kirkpatrick will make this October.
Lax Kw'laams elected chief, John Helin, was happy with the decision stating that he hoped that this would give more clarity to the court proceedings.
"We're pleased with the Court's decision. Kitkatla needs to recognize and accept its original boundaries. We respect our neighbours, but they need to accept their traditional boundaries for what they have always been," said Helin in a statement.
The decision came in the case of Lax Kw'alaams Indian Band vs. Canada, which is presently before the Court of Appeal awaiting hearing in October.
In that case, the Lax Kw'alaams claim aboriginal rights to fish for their own needs and for sale in order to sustain their communities.
Kitkatla was attempting to intervene before the Court to argue that Lax Kw'alaams' rights should be confined to areas around the mouth of the Skeena and to the north.
Kitkatla's attempts to move its official boundaries north could have changed the scope of the hearing because it would have limited the fishing territory. Lax Kw'alaams has put evidence before the trial court showing that the Coast Tsimshian, that also includes Metlakatla, has always extended south to Porcher Island and mid-Grenville channel.
Last October, Gitxaala Nation held a feast outlining its position with respect to its territory in a 48-page report prepared by UBC anthropology associate professor, Dr Charles Menzies.
Part of the effort was to raise awareness with the federal government and the Prince Rupert Port Authority over what they believe to be their historicallands.
Gitxaala had been trying to engage the federal government and Prince Rupert Port Authority in discussions about Phase 2 of the container port.
Gitxaala's report was developed in response to a request made by the Port that the community substantiate its claims of traditional use of the area.
Helin thought that the Gitxaala claims were unfounded.
"Kitkatla's efforts to invent new boundaries for political gain continue to cause problems for us and other governments, even though they have no credibility. We are happy that this important court case will not be derailed by the Kitkatla false traditional boundary claims."
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