Protection of ancestral lands – Atikamekw Council of Opitciwan welcomes the Williams Lake Aboriginal Community’s Supreme Court victory

OPITCIWAN, QC, Feb. 7, 2018 – The Atikamekw Council of Opitciwan is pleased with the British Columbian Williams Lake First Nation’s February 2 victory in Canada’s highest court regarding a judgment on a dispute with the federal government over ancestral land claims. The Supreme Court of Canada’s ruling allows the Williams Lake First Nation to pursue its claim to obtain financial compensation from the federal government.

This judgment is a major victory for Aboriginal rights. In its decision, the Canadian Supreme Court has given merit to the William Lake First Nation’s long-standing claims that the colony of British Columbia violated important legal obligations during the pre-Confederation period and that, as a consequence of Confederation, the federal government now has a fiduciary duty to Canada’s Aboriginals, making them responsible for these past actions. The ministry of Crown-Indigenous Relations and Northern Affairs has challenged the First Nations’ claims and subsequent demands for financial compensation on the part of the federal government, claiming that the theft of these ancestral lands by settlers occurred prior to Confederation.

Central to the First Nation’s winning case was the decision that the federal Crown did, in fact, have a fiduciary duty following the joining of British Columbia to Confederation, but had failed to return the stolen lands to Williams Lake for the purpose of establishing a reserve. This judgement finds the Supreme Court ruling in favour of the Williams Lake First Nation and their claim that the colony of British Columbia violated its obligations and failed to protect its territory from encroaching settlers during the pre-Confederation period. As such, the court has ruled that the First Nation is entitled to be compensated financially for the loss of their ancestral lands. According to the Supreme Court’s ruling, “the band members knew famine because they did not have land to farm.”

“This judgment has significant and important implications for our community,” said Chief of the Atikamekw Council   Opitciwan, Christian Awashish. “In our particular case, the 2016 Specific Claims Tribunal ruled that the federal government breached its fiduciary duties to us, by failing to protect our lands from damage caused by the construction of the Gouin Reservoir in 1918.”

“Despite beginning talks as far back as 1908, the federal government did not formally establish our reserve until 1944. But, as was acknowledge by the Court, we have lost everything in the flood,” added Chief Awashish. “The government should think twice before questioning the judgments of its judicial branch. The Courts have ruled in favour of our land claims, and rather than continue to fight against us, the federal government should begin the process of negotiations and help repair tragic mistakes of the past.”

It should be noted that the Specific Claims Tribunal allows for First Nations to claim financial compensation, in particular for cases where the pre-Confederation colonies or the federal government failed them, resulting in the loss of ancestral lands.

In the case of the Atikamekw of Opitciwan, Canada accepted the decision of the Specific Claims Tribunal only with respect to the first flood, and contested before the Federal Court of Appeal the Tribunal’s decisions regarding further losses due to the delay in creating the reserve.

With the decision of the Supreme Court on the Williams Lake case, the Atikamekw of Opitciwan hope that the federal government will abandon these further disputes and work to find a way to compensate them for what they have lost.

The Assembly of First Nations of Quebec and Labrador (AFNQL), with the support of the Atikamekw of Opitciwan and the Innu of Essipit, intervened before the Supreme Court in the Williams Lake case to defend the principles established by the Specific Claims Tribunal.

Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development):https://www.canlii.org/en/ca/scc/doc/2018/2018scc4/2018scc4.html

Atikamekw d’Opitciwan First Nation v. Her Majesty the Queen in Right of Canada: https://www.canlii.org/en/ca/sct/doc/2016/2016sctc6/2016sctc6.html

For further information: Jean-Alexandre D’Etcheverry, jadetcheverry@national.ca, 514-910-1328

NT5