Wet’suwet’en hereditary Chief Smogelgem, also known as Warner Naziel, remembers attending meetings with his best friend and his best friend’s mother alongside their nation as the Delgamuukw case was going through the courts during the 1990s.
“I want you to sit down and listen because this is history unfolding right now,” Smogelgem recalls being told, as the Wet’suwet’en Nation discussed the landmark case that was launched by Gitxsan hereditary Chief Delgamuukw, whose English name was Earl Muldoe.
The Gitxsan and Wet’suwet’en pursued the case together, claiming rights and title to 58,000 square kilometres of northwestern B.C. The nations sought both legal ownership of the land and jurisdiction — with the case making its way to the Supreme Court of Canada.
There, on Dec. 11, 1997, it was ruled that the Gitxsan and Wet’suwet’en have rights to the land itself, not just resource extraction rights, and that oral testimony is a legitimate form of evidence in Canadian courts — advancing future rights and title cases for Indigenous people in B.C., and across the country.
Rights to the land, according to the First Nations Tax Commission, include the right to decide how the land will be used, the right to economic benefits of the land, and the right to pro-actively use and manage the land.
While the Gitxsan and Wet’suwet’en didn’t receive a declaration of Aboriginal title to the lands they claimed in the case, Delgamuukw led way for another Supreme Court ruling in 2014 that did — Tŝilhqot’in.
A declaration of Aboriginal title is a court order legally recognizing title and jurisdiction over specific lands claimed by an Indigenous group.
Tŝilhqot’in and Delgamuukw are two cases that are top of mind for Indigenous leadership in B.C. as more rights and title rulings come out of the courts and as the Carney government pushes to fast-track major projects in the face of tariffs.
Both cases are widely renowned for inspiring Indigenous rights and title cases in B.C., Canada and around the world.
Francis Laceese, Tŝilhqot’in National Government vice chief, says Indigenous people take inspiration from each other’s cases as they move to advance to their rights and title in court — something his nation did when they pursued their case.
Tŝilhqot’in ruling
Laceese, who has been chief of Tl’esqox for almost 30 years, told CBC News that “as Indigenous nations, we have always had recognized title.”
Tl’esqox is one of six communities that make up the Tŝilhqot’in Nation — along with Tl’etinqox, Tŝideldel, Yuneŝit’in, Xeni Gwet’in and ʔEsdilagh.
“We like to let people know that we are one of the first Indigenous nations in Canada to achieve full recognized title … all nations have title, it’s achievable,” he said.
The Tŝilhqot’in Nation claimed over 4,400 square kilometres of land around Williams Lake, in B.C.’s Central Interior, when they launched the case in 1989 to prevent logging in the territory.
Twenty-five years later, the Supreme Court of Canada granted the nation title to those lands in a landmark ruling that is studied around the world, Laceese says.
The 2014 ruling marked the first time in Canadian history that Aboriginal title to a specific land area was confirmed outside of a First Nations reserve.
It was the only ruling of its kind up until this year, when the B.C. Supreme Court ruled in favour of the Cowichan Nation on Vancouver Island — recognizing their title to a parcel of land in Richmond, B.C., where their ancestors had a summer home.
It was the longest trial in Canadian history, lasting 513 days.
The Cowichan ruling is the second time Aboriginal title to a specific land area, outside of a reserve, has been declared by the Supreme Court in B.C.
Cowichan ruling support
In a social media post, the Tŝilhqot’in National Government congratulated the Cowichan Nation on the ruling — a decision that has other First Nations considering legal opposition, and the province appealing it.
“This important decision implements our historic Tŝilhqot’in Nation title case in several important new ways that advance Indigenous rights in British Columbia and Canada, including recognition of Aboriginal title to submerged lands,” the nation’s Facebook post reads.
Laceese says the ruling means Cowichan Nation members will regain some of their lands and waters, and their way of life — noting that traditional foods and medicine will be more accessible to the nation.
“They probably bounced off of our case, just like we bounced off Delgamuukw, Calder and Sparrow — that’s great, that’s what it’s all about,” he said.
In a news release, the Union of B.C. Indian Chiefs (UBCIC), an advocacy organization for First Nations in the province, said they support the court’s decision in the Cowichan ruling.
Chief Don Tom, UBCIC vice-president, said in the release that the Cowichan ruling “is not about seizing private homes or threatening homeowners.”
“Framing this decision as a threat to private property stokes fear and unfairly scapegoats First Nations,” he said.
Back to court
Despite the historic win for the Cowichan Nation, B.C.’s attorney general is appealing the ruling, prompting another decision about Aboriginal rights and title in the Supreme Court.
The Musqueam Nation and Tsawwassen Nation in B.C.’s Lower Mainland oppose the court’s decision and have stated that they are reviewing legal counsel.
The two communities’ land base connects to the lands in question, while the Cowichan Nation maintains that it’s their traditional territory.
As more court cases favour Indigenous rights in Canada, they gain global attention from Indigenous people who are also looking to advance their rights and title, says Laceese.
He presents the Tŝilhqot’in case at the United Nations Permanent Forum on Indigenous Issues in New York City with a global Indigenous audience, and has led cultural exchanges with Māori people from New Zealand and Sámi people from Europe.
In a news release, Sámi Indigenous people who travelled to Tŝilhqot’in territory in B.C. for an exchange, said that the Tŝilhqot’in case inspired them to fight against mining developments in their territory — showcasing the international influence on Indigenous rights that B.C. court cases have had.
