Tsilhqot'in Nation v. British Columbia

The BC Supreme Court released its historic decision on Aboriginal title and rights in the Tsilhqot'in Nation v. British Columbia decision on November 21, 2007. While the Court declined to issue a declaration of Aboriginal title, it did declare that the Tsilhqot'in Nation have unextinguished, proven Aboriginal rights to over 400,000 hectares of British Columbia. Please see Executive Summary to view the Devlin Gailus summary of the decision.

All three parties filed separate appeals in December 2007. Four of the Treaty 8 BC First Nations sought leave to intervene in the province's appeal, represented by Devlin Gailus. The Treaty 8 First Nations wished to make submissions to the court about the legal nature and scope of the Aboriginal harvesting rights found by the trial judge. On September 8, 2010, Mr. Justice Groberman granted leave to intervene to the Doig River, Halfway River, Prophet River and West Moberly First Nations.

The appeal was heard in the BC Court of Appeal in November, 2010, and judgment was reserved. Please see Appeal pleadings below to view the factums of the parties and the interveners.



• Pleadings - Leave to Intervene
  
  • Memorandum of Argument of Treaty 8 First Nations on Leave to Intervene
  • Endorsed Order of Groberman, JA - September 8, 2010
  
  
• Pleadings - Appeal
  
  • Factum of the Appellant, Province of British Columbia
  • Factum of Respondent, Attorney General of Canada
  • Factum of Intervener, Treaty 8 First Nations
  • Factum of Intervener, Te'mexw Treaty Association
  • Factum of Intervener, First Nations Summit
  • Factum of Intervener, Jules and Wilson Litigants
  • Factum of Interveners, BC Wildlife Federation and BC Seafood Alliance