Nisga’a Lisims Government is celebrating a court decision affirming treaty rights

The Nisga’a Lisims Government is celebrating a decision made by courts today affirming their nations treaty rights.

The appeal was brought by the Gitanyow Hereditary Chiefs against a 2018 decision by the Supreme Court of B.C. The Court of Appeal addressed how the crown was to approach conflicts between the constitutional duties it owes to Indigenous parties to modern treaties, and to other groups who have asserted claims.

As they did in the initial hearing, the Nisga’a Nation and the government of B.C. prevailed in establishing the rights set out in modern treaties. One of these rights is, the Nisga’a Final Agreement cannot be reduced or adversely affected by the unproven assertions of neighbouring Indigenous groups.

The appeal was started by the Gitanyow Hereditary Chiefs making the claim that they were entitled to consultation and accommodation by the Crown before B.C. made decisions under the Nisga’a Final Agreement related to wildlife harvesting. The justice for the Court of Appeal dismissed the appeal ruling that they had failed to prove their allegations of unconstitutional conduct by the provincial crown.