A lawyer for the Nuchatlaht First Nation, which is fighting for title to part of Nootka Island in British Columbia, has told a court that the underlying objective of the proceeding is reconciliation.
Jack Woodward said at the start of his closing argument that the province missed its opportunity and has instead placed “the burden of reconciliation squarely on the court,” in the first test for the landmark 2014 Tsilhqot’in Aboriginal title decision by the Supreme Court of Canada.
“I am shaking my finger at the province for that because it certainly was in their control and power to help design and accommodate a process that would have put the court in a less binary position.” Crown attorney Jeff Echols previously argued in March that the “modern-day” Nuchatlaht draws its membership from a broader base of Indigenous people, and the First Nation wasn’t alone in using the island when the Crown asserted sovereignty over what is now B.C. in 1846.
Supporters of the claim rallied outside the court complex in Vancouver before closing arguments began. Among them was Nuchatlaht council member Erick Michael. The closing arguments come about five months after the province announced the development of “a new approach to litigation” as part of its process to implement legislation in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
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