Twenty six days to breathe

The Lawyers have been told to stand down for now, as the North Coast First Nations postpone the beginning of their legal challenge to the Prince Rupert Container port project. With a new government soon to be in place in Ottawa, the First Nations have decided to let the Stephen Harper government get up to speed on the issue; however they won’t be able to take their time.

If there is no resolution to the problem which addresses the concerns of the Allied Tribes, it’s back to the court room on February 24th. Below is the article from the Daily News, once again Podunkicized for our legion of readers.

ALLIED TRIBES OFFER FEDS BREATHING ROOM

Leanne Ritchie
The Daily News
Monday, January 30, 2006
Story appeared on page 1

The Coast Tsimshian have agreed to provide the federal government with some breathing room and officially postponed any further court action in connection with the container port until February 24.

This should permit the new federal government sufficient time to review the issue of the Coast Tsimshian’s exclusive aboriginal rights and title interests, and their fiduciary duty to consult and accommodate based upon the strength of those interests, said Chief Councillor Harold Leighton of the Metlakatla Band Council, Chief Councillor Gary Reece of the Lax Kw’alaams Band and James Bryant, president of the Allied Tsimshian Tribes Association, which represents the nine tribes of the Coast Tsimshian.

“Our rights and title interests are without question within the Prince Rupert harbour, and we now wish to provide the new government an appropriate amount of time to review the situation,” said Harold Leighton, chief councilor of Metlakatla, in a press release.

“Through our tribal system, we solidly support the actions that have been taken to protect our aboriginal rights and title interests, and we will continue to work very closely with the band councils of Lax Kw’alaams and Metlakatla in these matters,” said Bryant.

Accompanying the press release was a statement of support signed by 30 members of the various tribes, with at least one signature for each tribe.

The nine allied tribes include, Gitlan, Gilutsau, Gitandoah, Gitsiis, Gispaxlo’ots, Gitandoiks, Gitzaxlaal, Gitwillygots and Ginaxangiik.

“The Coast Tsimshian have always been willing to negotiate with the Crown. We hope that the new government will take this issues seriously and recognize their legal duty to accommodate the Coast Tsimshian’s exclusive aboriginal rights and title interests,” said Reece, in announcing the need for breathing room.

Earlier this month, the two band councils announced they had filed an application in court against the federal government for failure to consult and accommodate with them over the development of phase one of the container port.

Western Economic Diversification has put forward and offer with regards to consultation and accommodation, however the federal government’s most recent legal position is that First Nations only have right to consult about .72 hectares of new construction at the end of the dock. Transport Canada also didn’t get involved in the negotiations until late in the game, October 2005.
Last week, the federal government granted the Prince Rupert Port Authority a permit to proceed with construction of the container terminal

Steve Rhodes, manager of strategic initiatives and intergovernmental affairs with Western Economic Diversification, said the government offer addresses issues of employment, employment training and economic development as well as an offer to talk about involving First Nations in the decision making process with the port.

The two bands also filed an application against Western Economic Diversification, the Minister of Environment and the Prince Rupert Port Authority back in October seeking a judicial review of the government’s decision to fund the project, and a more stringent environmental assessment.