A B.C. judge has granted status to a U.S. Indigenous band, which means they will have a role in a legal fight over a proposed mine in the Kootenays.
The Sinixt Confederacy — part of the Washington-headquartered Colville Confederated Tribes — is a cross-border tribe that considers itself transboundary with rights in both the U.S. and Canada.
The Sinixt were deemed “extinct” by the government in 1956, but five years ago, that changed when the Supreme Court of Canada ruled the Sinixt Confederacy an “Aboriginal people of Canada,” in what is known as the Desautel ruling.
Now, the B.C. Supreme Court and Court of Appeal have rejected an attempt by West High Yield Resources to remove the Sinixt from a legal challenge tied to its proposed magnesium mine near Rossland.
The courts found that the tribe has a direct and meaningful interest in the project.
“It is big for us,” Jarred-Michael Erickson, a chief with the Sinixt and Colville Confederated Tribes and chairman, told Global News.
“We want to make sure this has an environmental assessment on it. I think that’s well within the scope of what it should have been initially to start with and that we should be included in that judicial review.”
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Erickson added that they want to make sure the resources are protected, the water, fish and wildlife habitat.
“We want to make sure that we’re getting a thorough review and have that environmental assessment to show what those impacts could be,” he said.
The Sinixt say their territory in Canada extends from south of the U.S. border to north of Revelstoke, B.C. but that area also encompasses the traditional territory of the Sylix Okanagan, Secwépemc Nations and Ktunaxa Nations.
Thomas Isaac, a partner at Castles, Brock, and Blackwell, who also leads the national Aboriginal law group and the national major projects team group, said this is why there’s an obligation to consult with the Sinixt, following the Supreme Court of Canada ruling.
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“I think the bigger question is, is I think people are now seeing the effects of Desautel, which really, at its core, acknowledged that U.S. citizens, United States citizens, can potentially have constitutionally-protected rights and a constitutional right to be consulted within the four corners of the sovereign state of Canada and put a burden on the Canadian government to deal with U.S. citizen rights in Canada,” he said.
Isaac added that only in Canada could we allow non-Canadian citizens to be able to limit the power of a provincial or federal government.
“We’ve got folks in Alaska now claiming into northern B.C.,” Isaac said.
“And by the way, they’re not allowed to claim the other way around. And remember, Canada and British Columbia has the most robust protection regime on the planet. And I’m not talking about UNDRIP. UNDRIP does nothing to protect Indigenous rights at law unless you change the Interpretation Act as we did. It has no effect.”
Erickson said that they don’t feel like the B.C. government is recognizing Sinixt rights.
“The Supreme Court recognizes us as Indigenous people to Canada,” he said. “Yeah, it’s unfortunate it’s got to the way it has, and I won’t say much more than that. I just hope we can, we’re still willing to come to the table and have those conversations and work through it.”
The Syilx Okanagan Nation has stated that the Sinixt People are already represented in Canada through them.
He should be fired
DRIPA. The end of BC.
useless judge
Name the ‘B.C Judge’.
Shoulda finished the job
Awww, wish someone would tell me where exactly did the indigenous people who now claim to own canada and the USA actually came from now that they all claim to own it today. Had to come from somewhere OTHER then north america which was still part of the ice age.
Another demented BC judge, another grab of resources that belong to and in Canada. And this time to a bunch of ‘degens that are not even Canadian! What the actual f***?!?
To prevent more damage to Canadian economy mMlaybe it’s BC that needs to be forcibly separated from Canada.
Why do the indigenous from the U.S. have any say in what happens in Canada
Plain and simple folks, as some one here said, what was voted in can be voted out!
I have no concern saying do what’s right for everyone and our children.
Repeal DRIPA.
Yes, only in Canada! We need a premier willing to deal with this.
This has become ridiculous when WE FOUGHT WARS all those years ago and BEAT THE NATIVES and now JUDGES are handing over all our lands and mines to natives that we fought over and won. How is that RIGHT? It isn’t.
Global reader, I did an Ai fact check and it’s actually 48% of Rez dwellers than receive income assistance. Compare to 15% of your average Canadian.
And yet the Chiefs and band leaders drive new trucks and vacation in Hawaii while refusing to open the books and account for expenditures.
Natives want money they have no business being asked about anything they put nothing into a thing
this is great for freedom in alberta the crazier it gets the more likely people will vote for change. this judge is doing a great job proving Canada is s basket case and should ne replaced by local govs close to the people. each province woukd be much better off independent this way like in bc they want to give away all the land they can do that without jeopardizing my property rights. gooo carney
They only want involved because like all monetary projects they want their piece of the pie. And now Canada is letting the American indigenous make decisions for us . Cmon Canada. Its time to do a complete overhaul of all treaties. A lot has changed in 150 years.
What a phuzcked country Canada is.
51
Wait until every FN band along the US Columbia River holds their hand out for a consultation payout.
What a ludicrous situation our govt has put us in.
BC Courts are an enemy of the people. Always going against what is good for the province.
I suck so much co ck, Hoover is making me an excutive.
Our economy is just going to keep getting driven into the ground as long as projects keep getting held in court! No Americans should have a say in what we do here! The judges should be fired for contributing to the mess we’re in.
Some more truth for JV…
Data shows a deep, persistent gap in income, with over 30% of on-reserve First Nations relying on income assistance.
In 2021, 9% of Indigenous people reported living in poverty, compared to 7% of non-Indigenous people. Other reports indicate that up to 40% of children in Indigenous communities live below the poverty line
Indigenous children are heavily over-represented in the child welfare system, comprising over 50% of children in foster care while accounting for only 7.7% of the total child population.
=)
Being a boomer, I was raised to work for my money, don’t suck off someone else’s back,, don’t expect anyone to just hand anything. If I want something, be it food or riches, I get off my ass and work for it. Too bad everyone wasn’t branded with the same iron I was.
JV here are some facts for you, easily found from google….
In March 2025, food bank usage in Canada reached a record high of nearly 2.2 million monthly visits.
Racialized Individuals/Visible Minorities: In some urban areas like Toronto, studies in 2025 showed that 73% of food bank users identified as racialized, while 25% identified as white. National data shows that 39.2% of Black households and 33.4% of Indigenous households in Canada live in food-insecure households.
Indigenous Communities: Indigenous people are heavily overrepresented, with rates of food insecurity up to three times higher than non-Indigenous populations in some regions. In 2024, Indigenous persons represented 9% of food bank clients, despite making up only 5% of the general population.
Newcomers/Immigrants: Individuals who have been in Canada for 10 years or less make up 32–34% of food bank clients, with data indicating that this demographic is experiencing high rates of growth in food bank usage.
Black Communities: Anti-Black racism is closely linked to food insecurity, with some studies showing Black households are 3.56 times more likely to be food insecure than white households.
The only truth in your posts is the fact you are a indeed bigot. Have a good day everyone!
When the leader Kerry Lynne Findlay of the Conservative party takes the reins of this province she Is going to drain the swamp and free us from this NDP left wing nuts and free up this province from all the Indian rich nations. We are going to take back this province.
Where’s all the money coming from that Indian bands can sue at anytime the opportunity seems to arise for them? We pay now and we pay later?
What about the rights of the people of B.C. that were born here 76 years ago and pay the taxes in our country.
When Trump called us the 51st state Canadians were in an uproar but it’s ok for a US indigenous group to claim a role in a Canadian legal fight over a Kootenay mine.
Also it’s hilarious when someone like you talks about logical solutions. Your idol Adolf Hit1er had all kinds of logical solutions hey Doug. Hope to see you at Gleneagles sometime soon
Angela Ferguson – Global didn’t report it because it’s completely irrelevant to the story you stupid b1tch
Global reader – Awww what’s the matter? The truth hurts hey you f**king loser
Fuc off
JV posts racist hate filled comments against his fellow citizens and it seems to be allowed. Why? It is against globals policies, just block his ip already.
The fatigue is real. Enough already. This “I’m a victim” because of colonialism has to stop.
Fatigued nfedup – 2.5 million white people on welfare in Canada. What a bunch of parasitic grifters
You should let your readers know that Thomas Isaac is a partner at a law firm that hired Mark Carney’s former Chief of Staff Marco Mendocino as a Strategic Advisor and that Thomas Isaac works with Carney’s Major Projects team.
Parasitic Grifters.
Repeal DRIPA, the Indian Act, and just make everyone Canadian.
This at the same time Carney is wooing foreign investors to Canada!
A trillion dollars has left Canada in potential investment under Liberal leadership.
You can see why…
No wonder nothing gets done anymore, lets add more red tape to the mix, this is why things like pipelines take 10 years plus to get approved. Judges in Canada are out of control. They shouldn’t be able to wield the power they do. Same goes with native tribes. Only in soviet canuckistan.
Do we have to live in the past, it’s gone beyond reality
Absolutely ridiculous!
We pay these judges wages.
Time for all judges to be elected, not appointed.
Start doing something about these judges.
the judge should be fired, piss off
Someone pointed out that the ‘traditional territories’ of the natives in BC amounted to twice the actual size of BC. – Yes, they visited places in BC, but that does not make them theirs. They must reconcile to the fact that there is a US and Canada. They have to make up their minds as to what nationality they are. Then apply for a reserve. Then they can comment on mines on their reserve, or mines that directly affect their reserve.
Courts first invent the Sinixt band, and then try to give them rights.
Enough of this. We need to take Canada back. It has belonged to us for over 100 years. – the natives cannot even agree amongst themselves who has rights to ask for a reserve.
canada is a post nation. this is pathetic. even citizens of other countries get a say.
So now a foreign organisation can claim influence or rights over Canadian territory. Bravo!! 🙄
This needs to stop until something logical can be figured out.
Repeal DRIPA – vote of any candidate next election to runs on that!