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GITXAAŁA NATION FILES NOTICE OF CIVIL CLAIM IN THE B.C. SUPREME COURT

GITXAAŁA NATION FILES NOTICE OF CIVIL CLAIM IN THE B.C. SUPREME COURT AGAINST B.C., CANADA AND THE PRINCE RUPERT PORT AUTHORITY SEEKING DECLARATIONS THAT THE CROWNS HAVE BREACHED DUTIES AND UNDRIP COMMITMENTS

Claim seeks acknowledgement of breached duties by the Crowns to ensure the future of Gitxaała Nation and to share in the economic prosperity in the region

LAX KLAN, DOLPHIN ISLAND, B.C. – 27 January 2025 – The Gitxaała Nation and Lu Sa Hax Hoyaxgm Wil’nat’aał (LSHH), the joint committee of Hereditary Chiefs and elected Council, have filed a Notice of Civil Claim in the Supreme Court of British Columbia against B.C., Canada and the Prince Rupert Port Authority. The claim is seeking declarations that the Crowns have breached duties including the duty to consult as a result of their wrongful assessment of Gitxaala’s claim of title to the Prince Rupert Harbour Area

The claim challenges the Crowns’ inaccurate assessments regarding the strength of Gitxaała’s claim to territories within Prince Rupert Harbour, Kaien Island and the mouth of the Skeena River. Gitxaała has repeatedly submitted evidence confirming continuous occupation of the Prince Rupert Harbour area, including evidence from Gitxaała knowledge holders and independent experts, who have explained how Gitxaała’s malsk, adaawx, ayaawx, and gugwilx’ya’ansk all confirm our continuous occupation of these lands since prior to European contact.

“Over and over again we have provided the evidence to the Crowns that our claim to these territories are strong,” said Sim’oogit Łabiks (Elmer Moody), Hereditary Chief and Co-Chair of LSHH. “The goal of this claim is to tell the Gitxaała Nation story and to seek justice, respect and acknowledgement of our inherent rights. The time is now for B.C. and Canada to live up to their commitments to reconciliation.”

Gitxaała finds itself needing to go to court again after repeated refusals by the Crowns to justify decisions made regarding the territories in question. Through this civil claim, the Nation aims to gain for the first time an understanding as to why the Crowns does not accept the evidence supporting its claim to the Harbour Area.

Actions taken by both the Provincial and Federal Crowns have failed to recognize their commitments to reconciliation and requirements under s.35 of the Constitution Act, 1982, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the United Nations Declaration on the Rights of Indigenous People Act (UNDRIP Act) and the Declaration on the Rights of Indigenous Peoples Act (DRIPA). They have failed to meaningfully consult Gitxaała regarding the management and development of projects in and around the Port of Prince Rupert.

As well as infringing on Gitxaała’s rights to self-determination and self-governance under Gitxaała ayaawx, the Crowns’ unfair and inaccurate assessment has meant Gitxaała has been excluded from meaningful accommodation and has not been able to share in the growing economic prosperity in the region, despite being ready, willing and able to contribute to it. This has resulted in Gitxaała Nation sharing in all the risks, while being denied access to the potential economic benefits.

Furthermore, Gitxaała believes the Crowns’ current approach to consultation with First Nations promotes division amongst Nations and does not fit within a context of UNDRIP and DRIPA. The Nation believes that this approach favours Nations who are willing to compromise on their rights as opposed to engaging in a meaningful, evidence-based assessment of competing claims.

“The Crown treats consultation as merely a box-ticking exercise and a method to clear the way to development and resource extraction,” said Lou Ga Gwelks (Linda Innes), Elected Chief Councillor of Gitxaała Nation. “The approach taken by both Crowns incentivizes First Nations to accept agreements that compromise their rights and title to avoid being left with nothing. This undermines the long-term interests of Indigenous peoples and perpetuates an unjustly competitive dynamic among Nations. We know this because we have experienced it first-hand.”

Through this civil claim, Gitxaała aims to secure a future for its people, acknowledgement of its history and the creation of a more equitable consultation procedure.

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About Gitxaała Nation

The people of the Gitxaała Nation have lived on what is now called the North Coast of British Columbia, including the Prince Rupert Harbour Area, since time immemorial and are one of the most ancient societies in the region.

Media Contact:

Tyler Pronyk
Coast Communications and Public Affairs
tyler@coastcomms.ca
604.807.0710

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