Two Indian bands and a non-profit society have been granted intervenor status in a court case to decide the western boundary for northeast B.C.'s Treaty 8 bands.
In a reasons for judgment issued Wednesday, B.C. Supreme Court Justice Robert Johnston found the Tsay Keh Dene First Nation, the Takla Lake First Nation and the Tahltan Central Council have a direct interest in the proceeding.
As such, they will be given access to copies of documents related to the case and will be allowed to make closing submissions, although not opening statements, once the case reaches trial.
In the case, the plaintiffs - six Treaty 8 bands in northeast B.C., supported by the federal government and the McLeod Lake Indian Band - say the western boundary of Treaty 8 is the Arctic-Pacific watershed.
Conversely, the provincial government, supported by the Kaska Dene Council say it's further east, along the central range of the Rocky Mountains, although the two differ on the exact boundary within that area.
The outcome will affect the ability of the Tsay Keh Dene and Takla Lake First Nations to assert aboriginal rights or title or to negotiate the terms of treaties, Johnston said. If it results in the boundary being set along the Rocky Mountains, Treaty 8 bands "will have difficulty asserting rights...west of that boundary," Johnston added.
Johnston denied Tahltan Central Council's application for immunity from costs. The council is a non-profit society formed to represent the interests of people of Tahltan ancestory.
