BC Aboriginal Group Enacts Historic Law Against Commercial Logging

A B.C. First Nations group is continuing to make history.

The Tsilhqot’in Nation was granted Aboriginal title over their traditional land back in June 2014, the first declaration of Aboriginal title in Canadian history. The lands southwest of Williams Lake are continuing to see history being made, with the Tsilhquot’in Nation now enacting their first law on how the nation will govern the lands and manage access to the area and its resources.

The Xeni Gwet’in community first declared the Xeni Nits’egugheni?an, or Nemiah Declaration, on August 23, 1989 in response to the threat of widespread clear-cut logging in the area. This threat caused over twenty years of legal action, which eventually led to the Supreme Court of Canada decision to recognize the Aboriginal title to about 1900 square kilometres of land in B.C.’s central interior. This Aboriginal title gives the group the right to exclusive use and occupation of the land, the right to the economic benefit of the land, and the ability to decide the uses of the land.

With this newly recognized title, the Tsilhqot’in Nation and Xeni Gwet’in have enacted the Nemiah Declaration into law, outlining unauthorized uses of the lands and how future laws, regulation, and polices may be developed.

Some of the unauthorized uses of the land in the Nehemiah Declaration are commercial logging, mining and mining exploration, and commercial road building. In addition, the document says that terrain vehicles and skidoos are only permitted for trapping, and that no flooding or dam construction will be done at Chilko, Taseko, and Tatlayoko Lakes.

The document finishes off with discussing how the traditional spiritual and economic activities will continue, how the wilderness preserve will be shared with non-natives, and how the group is prepared to enforce and defend their Aboriginal rights.

(Photo Credit: Tsilhqot'in National Government)

“As Tsilhqot’in people, we have our own laws and responsibilities to our lands,” said Chief Joe Alphonse, Tribal Chairman of the Tsilhqot’in National Government and Chief of Tl’etinqox. “It is an honour for us as Tsilhqot’in leadership to enact the Nemiah Declaration as law—a law that comes straight from our people and our elders. There will be many more laws and policies to come as we strive as a nation to express our values, our culture and our vision for the future on our declared Aboriginal title lands and throughout our territory.”

“The Declaration is the voice of our elders,” said Chief Roger William, Vice-Chair of the Tsilhqot’in National Government and Chief of Xeni Gwet’in First Nations Government. “It comes directly from our community. Our traditions, laws and practices have been around for centuries. We are proud to say that this is our first law on Title land. Our goal has always been to be able to enact those in today’s world. With this comes challenges, but setting the stage for our governance, for good governance, is one of our first priorities.”

You can see the full Nemiah Declaration on the Tsilhqot’in National Government website.