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

Published

2 years ago

September 28, 2022

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

News

Allen nets shutout as Devils burn Oilers 3-0

Published

8 hours ago

November 4, 2024

Anne Joseph

EDMONTON – Jake Allen made 31 saves for his second shutout of the season and 26th of his career as the New Jersey Devils closed out their Western Canadian road trip with a 3-0 victory over the Edmonton Oilers on Monday.

Jesper Bratt had a goal and an assist and Stefan Noesen and Timo Meier also scored for the Devils (8-5-2) who have won three of their last four on the heels on a four-game losing skid.

The Oilers (6-6-1) had their modest two-game winning streak snapped.

Calvin Pickard made 13 stops between the pipes for Edmonton.

TAKEAWAYS

Devils: In addition to his goal, Bratt picked up his 12th assist of the young season to give him nine points in his last eight games and now 15 points overall. Nico Hischier remains in the team lead, picking up an assist of his own to give him 16 points for the campaign. He has a point in all but four games this season.

Oilers: Forward Leon Draisaitl was held pointless after recording six points in his previous two games and nine points in his previous four. Draisaitl usually has strong showings against the Devils, coming into the contest with an eight-game point streak against New Jersey and 11 goals in 17 games.

KEY MOMENT

New Jersey took a 2-0 lead on the power play with 3:26 remaining in the second period as Hischier made a nice feed into the slot to Bratt, who wired his third of the season past Pickard.

KEY RETURN?

Oilers star forward and captain Connor McDavid took part in the optional morning skate for the Oilers, leading to hopes that he may be back sooner rather than later. McDavid has been expected to be out for two to three weeks with an ankle injury suffered during the first shift of last Monday’s loss in Columbus.

OILERS DEAL FOR D-MAN

The Oilers have acquired defenceman Ronnie Attard from the Philadelphia Flyers in exchange for defenceman Ben Gleason.

The 6-foot-3 Attard has spent the past three season in the Flyers organization seeing action in 29 career games. The 25-year-old right-shot defender and Western Michigan University grad was originally selected by Philadelphia in the third round of the 2019 NHL Entry Draft. Attard will report to the Oilers’ AHL affiliate in Bakersfield.

UP NEXT

Devils: Host the Montreal Canadiens on Thursday.

Oilers: Host the Vegas Golden Knights on Wednesday.

This report by The Canadian Press was first published Nov. 4, 2024.

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Mahomes throws 3 TD passes, unbeaten Chiefs beat Buccaneers 30-24 in OT

Published

8 hours ago

November 4, 2024

Anne Joseph

KANSAS CITY, Mo. (AP) — Patrick Mahomes threw for 291 yards and three touchdowns, and Kareem Hunt pounded into the end zone from two yards out in overtime to give the unbeaten Kansas City Chiefs a 30-24 win over the Tampa Bay Buccaneers on Monday night.

DeAndre Hopkins had two touchdown receptions for the Chiefs (8-0), who drove through the rain for two fourth-quarter scores to take a 24-17 lead with 4:17 left. But then Kansas City watched as Baker Mayfield led the Bucs the other way in the final minute, hitting Ryan Miller in the end zone with 27 seconds to go in regulation time.

Tampa Bay (4-5) elected to kick the extra point and force overtime, rather than go for a two-point conversion and the win. And it cost the Buccaneers when Mayfield called tails and the coin flip was heads. Mahomes and the Chiefs took the ball, he was 5-for-5 passing on their drive in overtime, and Hunt finished his 106-yard rushing day with the deciding TD plunge.

Travis Kelce had 14 catches for 100 yards with girlfriend Taylor Swift watching from a suite, and Hopkins finished with eight catches for 86 yards as the Chiefs ran their winning streak to 14 dating to last season. They became the sixth Super Bowl champion to start 8-0 the following season.

Mayfield finished with 200 yards and two TDs passing for the Bucs, who have lost four of their last five.

It was a memorable first half for two players who had been waiting to play in Arrowhead Stadium.

The Bucs’ Rachaad White grew up about 10 minutes away in a tough part of Kansas City, but his family could never afford a ticket for him to see a game. He wound up on a circuitous path through Division II Nebraska-Kearney and a California junior college to Arizona State, where he eventually became of a third-round pick of Tampa Bay in the 2022 draft.

Two year later, White finally got into Arrowhead — and the end zone. He punctuated his seven-yard scoring run in the second quarter, which gave the Bucs a 7-3 lead, by nearly tossing the football into the second deck.

Then it was Hopkins’ turn in his first home game since arriving in Kansas City from a trade with the Titans.

The three-time All-Pro, who already had caught four passes, reeled in a third-down heave from Mahomes amid triple coverage for a 35-yard gain inside the Tampa Bay five-yard line. Three plays later, Mahomes found him in the back of the end zone, and Hopkins celebrated his first TD with the Chiefs with a dance from “Remember the Titans.”

Tampa Bay tried to seize control with consecutive scoring drives to start the second half. The first ended with a TD pass to Cade Otton, the latest tight end to shred the Chiefs, and Chase McLaughlin’s 47-yard field goal gave the Bucs a 17-10 lead.

The Chiefs answered in the fourth quarter. Mahomes marched them through the rain 70 yards for a tying touchdown pass, which he delivered to Samaje Perine while landing awkwardly and tweaking his left ankle, and then threw a laser to Hopkins on third-and-goal from the Buccaneers’ five-yard line to give Kansas City the lead.

Tampa Bay promptly went three-and-out, but its defence got the ball right back, and this time Mayfield calmly led his team down field. His capped the drive with a touchdown throw to Miller — his first career TD catch — with 27 seconds to go, and Tampa Bay elected to play for overtime.

UP NEXT

Buccaneers: Host the San Francisco 49ers on Sunday.

Chiefs: Host the Denver Broncos on Sunday.

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AP NFL:

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NHL roundup: Kuemper helps visiting Kings shut out Predators 3-0

Published

8 hours ago

November 4, 2024

Anne Joseph

NASHVILLE, Tenn. (AP) — Darcy Kuemper made 16 saves for his first shutout of the season and 32nd overall, helping the Los Angeles Kings beat the Nashville Predators 3-0 on Monday night.

Adrian Kempe had a goal and an assist and Anze Kopitar and Kevin Fiala also scored. The Kings have won two of their last three.

Juuse Saros made 24 saves for the Predators. They are 1-2-1 in their last four.

Kopitar opened the scoring with 6:36 remaining in the opening period. Saros denied the Kings captain’s first shot, but Kopitar collected the rebound below the goal line and banked it off the netminder’s skate.

Fiala, a former Predator, made it 2-0 35 seconds into the third.

The Kings held Nashville to just three third-period shots on goal, the first coming with 3:55 remaining and Saros pulled for an extra attacker.

Elsewhere in the NHL on Monday:

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DEVILS 3 OILERS 0

EDMONTON, Alta. (AP) — Jake Allen made 31 saves for his second shutout of the season and 26th of his NHL career, helping the New Jersey Devils close their western Canadian road trip with a 3-0 victory over the Edmonton Oilers.

Jesper Bratt had a goal and an assist and Stefan Noesen and Timo Meier also scored. The Devils improved to 8-5-2. They have won three of their last four after a four-game skid.

Calvin Pickard made 13 saves for Edmonton. The Oilers had won two straight.

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