23408TREATY 8 EBA NATIONS FILE NOTICE OF CIVIL CLAIM AGAINST THE PROVINCE OF BC FOR BREACH OF THE 2009 WILDLIFE COLLABORATIVE MANAGEMENT AGREEMENT
- Oct 1, 2012From: Roland Willson [mailto:rwilson@...]
Sent: October-01-12 3:42 PM
To: Don Bain
Subject: FW: TREATY 8 EBA NATIONS FILE NOTICE OF CIVIL CLAIM AGAINST THE PROVINCE OF BC FOR BREACH OF THE 2009 WILDLIFE COLLABORATIVE MANAGEMENT AGREEMENT
From: Susan Auger [mailto:SAuger@...]<mailto:[mailto:SAuger@...]>
Sent: Monday, October 01, 2012 1:38 PM
Subject: TREATY 8 EBA NATIONS FILE NOTICE OF CIVIL CLAIM AGAINST THE PROVINCE OF BC FOR BREACH OF THE 2009 WILDLIFE COLLABORATIVE MANAGEMENT AGREEMENT
[cid:image005.jpg@01CD9FF1.45EAC180][cid:image006.jpg@01CD9FF1.45EAC180]Treaty 8 Tribal Association
10233 - 100th Avenue, Fort St. John, BC, V1J 1Y8
Phone: (250) 785-0612 Fax: (250) 785-2021
FOR IMMEDIATE RELEASE
October 01, 2012
TREATY 8 EBA NATIONS FILE NOTICE OF CIVIL CLAIM AGAINST THE PROVINCE OF BC FOR BREACH OF THE 2009 WILDLIFE COLLABORATIVE MANAGEMENT AGREEMENT.
On September 28, 2012, the Doig River, Prophet River and West Moberly First Nations filed a Notice of Civil Claim against the Province of British Columbia for breach of contract and infringement of their treaty rights under Treaty No. 8. The Province of British Columbia issued in excess of 1190 authorizations under the Wildlife Act without any consultation with the Treaty 8 First Nations. Each of these decisions was made contrary to constitutional rights of the First Nations and in breach of the Wildlife Collaborative Management Agreement between the Treaty 8 First Nations and British Columbia. The lawsuit claims damages for breach of contract and infringement of treaty rights as well as a declaration that British Columbia failed to perform its constitutional duty of consultation and accommodation of treaty rights.
"The Province continues to ignore our constitutional rights and has made no attempt to ensure the continuing exercise of our hunting rights throughout Treaty 8 territory," stated Chief Roland Willson of West Moberly First Nations.
"These breaches are shocking because we have a signed agreement setting out the consultation process which was completely ignored by government", said Chief Lynette Tsakoza of Prophet River First Nation.
"The treaty right to hunt is one of the core rights guaranteed by our treaty and the province is running roughshod over our rights without consultation" said Chief Norman Davis of Doig River First Nation.
Treaty No. 8 was negotiated between the Government of Canada and the First Nations in 1899. The Treaty guarantees the ability of the Treaty 8 First Nations to continue to exercise their rights to hunt, fish and trap throughout the Treaty 8 territory. In light of a series of Supreme Court of Canada cases, including Haida Nation and Mikisew Cree First Nation, British Columbia engaged with the Treaty 8 First Nations in a series of sector-specific consultation agreements. In December 2009, the parties executed a Collaborative Wildlife Management Agreement which set out the procedures for consultation when British Columbia was considering applications for permits under the Wildlife Act. The depth of consultation with the First Nations was to vary with the potential adverse impact on the treaty right. However, no consultation took place for any of the authorizations issued by BC that are in issue in the lawsuit.
FOR MORE INFORMATION:
Tribal Chief Liz Logan
Treaty 8 Tribal Association
Tel: 250- 321- 1296
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