Nuchatlaht Land Title Case: Researching Deeper Than Media Hits

Several media outlets have covered the new aboriginal-title case filed by the Nuchatlaht First Nation. In their news stories, media give quick-hitter highlights about the case. If you really want to get up to speed on what is happening, reading the Notice of Claim that has been filed is the best place to start.

Jack Woodward Lawyer recently posted that document. It has all the details about the case. If you've read legal documents before, this will be a breeze.

Jack Woodward Lawyer: Nuchatlaht Case About Legal Rights and Inheritance

The Nuchatlaht are the latest First Nation to take the government to court over legal title to hereditary land.

The amount of media coverage that has surrounded the announcement of this case, underscores its importance.

Jack Woodward lawyer, representing the Nuchalaht call the aboriginal-title claim historic. He says it is the first application of the precedent-setting Tsilhqot’in Supreme Court decision.

Simply put, Jack Woodward lawyer says this is about legal inheritance: “All other Canadians expect that if they’re left land in a will, if their ancestors owned something, then they’re entitled to own it. These people have been denied that and this is an attempt to rectify the situation.”

Aboriginal-Title Claims Could Have Significant Impact on BC

News that the Nuchatlaht First Nation has launched a civil aboriginal-title claim against the B.C. and Canada governments has important implications on British Columbia.

Lawyer Troy Hunter highlights the changes that occur where aboriginal title is recognized, like in the 2014 Tsilhqot’in law suit.

"In cases where aboriginal title is recognized, the province has no jurisdiction, and consent of First Nations is required for resource development as set out in the 2014 Tsilhqot’in Supreme Court of Canada decision. Approval of major projects, such as pipelines, require the consent of First Nations in any location where aboriginal title is established and absent consent, damages are to be paid to the proper rights-holders, unless there is a compelling and substantial public interest objective with a reconciliation goal that balances the interests of First Nations and the broader public."

As you can see, land interest claims can have a significant impact not only on corporate and business interests in BC, but also on individual interests.

Read the full story here: http://vancouversun.com/opinion/opinion-the-land-question-should-be-a-matter-of-concern

Jack Woodward Leading Nuchatlaht Aboriginal-Title Claim in B.C.

In a recent Aboriginal-title claim filed against the federal and British Columbia provincial governments, the Nuchatlaht First Nation asserts is has been unable to use and manage their resources sustainably as a result of government interference.

The law suit seeks the governments to recognize aboriginal title to the Nuchatlaht’s territory on the west coast of Vancouver Island and to the elimination of Western Forest Products logging in the region.

Representing Nuchatlaht, Jack Woodward lawyer said: “The land has been devastated by logging. You know how [the Islamic State] recently destroyed Palmyra? This is the same. The [culturally modified] trees that are an archeological record have been trashed right before their eyes.” 

The province is currently gathering information on the case. Stay tuned for further details.