DEASE LAKE, British Columbia, Sept. 26, 2017 (GLOBE NEWSWIRE) -- The Tahltan Central Government (TCG) today reaffirmed that Tahltan aboriginal title or rights are not subject to Treaty 8, and rejected the exercise of Treaty 8 hunting rights in Tahltan territory. The statement comes after the BC Supreme Court released its decision in West Moberly First Nation v. British Columbia on Monday, September 26. The decision ruled that the western boundary of Treaty 8 lies along the “Arctic-Pacific divide”, which is the height of land separating the waters that flow to the Arctic and Pacific oceans. A portion of that western boundary overlaps with the northeast section of Tahltan traditional territory.
“The Tahltan Nation never signed Treaty 8, and it has no effect on our Nation’s aboriginal title and rights,” said Chad Norman Day, TCG President. “While we respect the choice of other First Nations to enter into treaty, we expect those Nations to also respect our territory, our people and our rights.”
The Court decision is limited to clarifying the location of the western boundary. It does not interpret any other clauses of Treaty 8, and it does not grant Treaty 8 bands the right to exercise treaty hunting rights in Tahltan territory. Courts have previously ruled that the scope of hunting rights held by Treaty 8 bands must be assessed relative to their traditional territories.
“This decision is not a license for Treaty 8 bands to now come and hunt in Tahltan territory,” said Day. “Tahltan title and rights are grounded in our people’s long and deep connection to our territory. Our elders tell us that the Treaty 8 people never came to our land. They have no rights in our territory.”
The TCG was granted intervenor status in the West Moberly First Nation case, and argued (in part) that the court should be careful to limit its decision to defining the boundary, and not imply that Treaty 8 bands can exercise hunting rights up to that boundary.
For a copy of the West Moberly First Nation decision: http://www.courts.gov.bc.ca/jdb-txt/sc/17/17/2017BCSC1700.htm