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Lawyer for First Nation says goal of B.C. land claim case is reconciliation

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VANCOUVER — 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. 

That case recognized the Tsilhqot’in Nation’s rights and title over a swath of its traditional territory in B.C.’s central Interior, not only to historic village sites.

“The province presents the court with a stark choice: dismissal or declaration. No alternatives have been presented,” Woodward told the court Tuesday.

“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.”

The lawsuit filed by the Nuchatlaht First Nation in the B.C. Supreme Court in 2017 asserts that the B.C. and federal governments denied Nuchatlaht rights by authorizing logging and “effectively dispossessing” the nation of territory on Vancouver Island’s west coast.

The B.C. government denies that the Nuchatlaht hold Aboriginal title over the 230-square-kilometre area, which includes the northwestern part of Nootka Island. The province said it has met its obligations under agreements with the nation related to forest resources.

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.

He said case law had established that Aboriginal title is not transferable, and the legal test would not allow the modern Nuchatlaht to take on the title of other historical Indigenous groups whose members joined or merged with them.

But Woodward said Tuesday the Nuchatlaht occupied and used the claimed area before and during 1846.

He said the Nuchatlaht had a “magnificent advantage” in the case, in that “not only were there the different local groups who all had occupation of their respective territories, but they were organized into a confederacy.”

“This is remarkable fact,” he said. “I think that’s the crux of the case.”

He also argued the Nuchatlaht had showed restraint in their claim, saying it doesn’t overlap with any other First Nation’s territory or federal land.

“A First Nation that comes to court with a reasonable, moderate, uncluttered claim presents an opportunity for reconciliation,” Woodward said.

Supporters of the claim rallied outside the court complex in Vancouver before closing arguments began. Among them was Nuchatlaht council member Erick Michael.

“We’re here to fight for our past generations and future generations to come so we can have a healthy, strong future,” he told the crowd.

Mariah Charleson, vice-president of Nuu-chah-nulth Tribal Council, which represents 14 communities including Nuchatlaht, said she made the trip to the courthouse steps to show support in their “fight against B.C.”

“This is a case that is going to set the precedent on how B.C. deals with the land issue. ‘Land Back’ is a real thing. It’s giving the land rights title inherent jurisdiction back to the original landowners and the Nuchatlaht are setting the precedent,” she said.

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.

This included 20 directives for the Crown to prioritize resolution and negotiated settlement, while reducing the potential for legal action over Indigenous rights and title.

In a court transcript from April, supplied by the Nuchatlaht’s legal team, Crown attorney Echols said the province knew about the directives before their release and does not intend to adjust its arguments for trial.

At the time, Woodward said the government’s decision not to adjust the case based on its own new litigation directives “undermines the process of reconciliation.”

Hearings are set to continue until Oct. 14.

This report by The Canadian Press was first published Sept. 27, 2022.

 

Brieanna Charlebois, The Canadian Press

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A linebacker at West Virginia State is fatally shot on the eve of a game against his old school

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CHARLESTON, W.Va. (AP) — A linebacker at Division II West Virginia State was fatally shot during what the university said Thursday is being investigated by police as a home invasion.

The body of Jyilek Zyiare Harrington, 21, of Charlotte, North Carolina, was found inside an apartment Wednesday night in Charleston, police Lt. Tony Hazelett said in a statement.

Hazelett said several gunshots were fired during a disturbance in a hallway and inside the apartment. The statement said Harrington had multiple gunshot wounds and was pronounced dead at the scene. Police said they had no information on a possible suspect.

West Virginia State said counselors were available to students and faculty on campus.

“Our thoughts and prayers are with Jyilek’s family as they mourn the loss of this incredible young man,” West Virginia State President Ericke S. Cage said in a letter to students and faculty.

Harrington, a senior, had eight total tackles, including a sack, in a 27-24 win at Barton College last week.

“Jyilek truly embodied what it means to be a student-athlete and was a leader not only on campus but in the community,” West Virginia State Vice President of Intercollegiate Athletics Nate Burton said. “Jyilek was a young man that, during Christmas, would create a GoFundMe to help less fortunate families.”

Burton said donations to a fund established by the athletic department in Harrington’s memory will be distributed to an organization in Charlotte to continue his charity work.

West Virginia State’s home opener against Carson-Newman, originally scheduled for Thursday night, has been rescheduled to Friday, and a private vigil involving both teams was set for Thursday night. Harrington previously attended Carson-Newman, where he made seven tackles in six games last season. He began his college career at Division II Erskine College.

“Carson-Newman joins West Virginia State in mourning the untimely passing of former student-athlete Jyilek Harrington,” Carson-Newman Vice President of Athletics Matt Pope said in a statement. “The Harrington family and the Yellow Jackets’ campus community is in our prayers. News like this is sad to hear anytime, but today it feels worse with two teams who knew him coming together to play.”

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Hall of Famer Joe Schmidt, who helped Detroit Lions win 2 NFL titles, dies at 92

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DETROIT (AP) — Joe Schmidt, the Hall of Fame linebacker who helped the Detroit Lions win NFL championships in 1953 and 1957 and later coached the team, has died. He was 92.

The Lions said family informed the team Schmidt died Wednesday. A cause of death was not provided.

One of pro football’s first great middle linebackers, Schmidt played his entire NFL career with the Lions from 1953-65. An eight-time All-Pro, he was enshrined into the Pro Football Hall of Fame in 1973 and the college football version in 2000.

“Joe likes to say that at one point in his career, he was 6-3, but he had tackled so many fullbacks that it drove his neck into his shoulders and now he is 6-foot,” said the late Lions owner William Clay Ford, Schmidt’s presenter at his Hall of Fame induction in 1973. “At any rate, he was listed at 6-feet and as I say was marginal for that position. There are, however, qualities that certainly scouts or anybody who is drafting a ballplayer cannot measure.”

Born in Pittsburgh, Schmidt played college football in his hometown at Pitt, beginning his stint there as a fullback and guard before coach Len Casanova switched him to linebacker.

“Pitt provided me with the opportunity to do what I’ve wanted to do, and further myself through my athletic abilities,” Schmidt said. “Everything I have stemmed from that opportunity.”

Schmidt dealt with injuries throughout his college career and was drafted by the Lions in the seventh round in 1953. As defenses evolved in that era, Schmidt’s speed, savvy and tackling ability made him a valuable part of some of the franchise’s greatest teams.

Schmidt was elected to the Pro Bowl 10 straight years from 1955-64, and after his arrival, the Lions won the last two of their three NFL titles in the 1950s.

In a 1957 playoff game at San Francisco, the Lions trailed 27-7 in the third quarter before rallying to win 31-27. That was the NFL’s largest comeback in postseason history until Buffalo rallied from a 32-point deficit to beat Houston in 1993.

“We just decided to go after them, blitz them almost every down,” Schmidt recalled. “We had nothing to lose. When you’re up against it, you let both barrels fly.”

Schmidt became an assistant coach after wrapping up his career as a player. He was Detroit’s head coach from 1967-72, going 43-35-7.

Schmidt was part of the NFL’s All-Time Team revealed in 2019 to celebrate the league’s centennial season. Of course, he’d gone into the Hall of Fame 46 years earlier.

Not bad for an undersized seventh-round draft pick.

“It was a dream of mine to play football,” Schmidt told the Detroit Free Press in 2017. “I had so many people tell me that I was too small. That I couldn’t play. I had so many negative people say negative things about me … that it makes you feel good inside. I said, ‘OK, I’ll prove it to you.’”

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Coastal GasLink fined $590K by B.C. environment office over pipeline build

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VICTORIA – British Columbia’s Environment Assessment Office has fined Coastal GasLink Pipeline Ltd. $590,000 for “deficiencies” in the construction of its pipeline crossing the province.

The office says in a statement that 10 administrative penalties have been levied against the company for non-compliance with requirements of its environmental assessment certificate.

It says the fines come after problems with erosion and sediment control measures were identified by enforcement officers along the pipeline route across northern B.C. in April and May 2023.

The office says that the latest financial penalties reflect its escalation of enforcement due to repeated non-compliance of its requirements.

Four previous penalties have been issued for failing to control erosion and sediment valued at almost $800,000, while a fifth fine of $6,000 was handed out for providing false or misleading information.

The office says it prioritized its inspections along the 670-kilometre route by air and ground as a result of the continued concerns, leading to 59 warnings and 13 stop-work orders along the pipeline that has now been completed.

This report by The Canadian Press was first published Sept. 12, 2024.

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