A group of U.S.-based First Nations is suing the B.C. government, alleging discrimination, despite a landmark court ruling.
The lawsuits build on a 2021 Supreme Court of Canada decision, which confirmed the Sinixt are an Aboriginal people of Canada, who were driven from their traditional territories in B.C. by colonial expansion and the drawing of the Canada-U.S. border in the 19th century.
This disrupted Sinixt land use and forced many families south into what is now Washington State.
Sinixt traditional territory stretches south from the Big Bend of the Columbia River near Revelstoke, B.C., to Kettle Falls, Wash.
“We’ve been treated as second-class citizens or second-class natives, it seems, and they’ve been notifying us, quote unquote, but not consulting with us when it comes to any land use activities, whether that’s habitat, fishing, wildlife, logging, mining, (or) archeological impacts,” Jarred Michael-Erickson with the Sinixt Confederacy told Global News.
The Sinixt has now filed two lawsuits seeking to be included in land use consultation for their traditional territory and to have their history included in the school curriculum.
“As an Aboriginal people of Canada, we must be consulted on matters relating to our traditional territory, just as all other B.C. First Nations are,” Jarred-Michael Erickson, chairman of the Confederated Tribes of the Colville Reservation and the Sinixt Confederacy, said in a statement.
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“After years of working with us collaboratively, the province is now treating the Sinixt as less important than other First Nations. They are refusing to meet with us or engage in dialogue when making decisions about our traditional territory. We want to work with the province and other First Nations to steward our traditional lands, but if B.C. is determined to exclude us, we are forced to return to the courts.”
The lawsuits come after a decision by the B.C. Supreme Court in August, which affirmed that the Cowichan Tribes have Aboriginal title in a 750-hectare land parcel in Richmond, which includes city and port lands, farms, golf courses and commercial properties.
Other Indigenous groups in B.C. in the Kootenays and Okanagan have expressed opposition to the Sinixt claims, and BC Conservative leader John Rustad says the NDP government has helped create an uncertain environment.
“I do recognize that these borders have split nations, that have split people from where maybe, perhaps, their traditional territory is,” Rustad said.
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“But this is British Columbia. This is Canada. We need to be doing what we can for our country and for our people and making sure that that’s a priority.”
A First Nation in the Okanagan said it agrees with the B.C. government that B.C. should prioritize consultation with B.C.-based First Nations and consult with U.S. Tribes as a notification level.
“We are disappointed by these legal challenges and accusations of discrimination, which are inconsistent with the way the B.C. government has worked diligently with our Nation and others, to ensure B.C.-based First Nations rightly remain the priority of the province, while still meeting the legal obligations of previous court rulings,” Chief Clarence Louie, Tribal Chair of the Chiefs Executive Council of the Syilx Okanagan Nation said in a statement.
“The interests of our Sinixt members are protected and advanced by our Nation in Canada, and we remain committed to protecting our Territory in the Arrow Lakes. We will be reviewing these claims against the B.C. government and will respond in due course, when and if necessary.”
The B.C. government has refused to comment because it is an active court case and it has yet to respond to the claims in court.
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