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Tsilhqot’in Nation heads to top court for title case

Tsilhqot'in National Government tribal chairman Joe Alphonse will have resources on the mind today when lawyers representing his people make submissions to the Supreme Court of Canada.

Tsilhqot'in National Government tribal chairman Joe Alphonse will have resources on the mind today when lawyers representing his people make submissions to the Supreme Court of Canada.

"The reason we're doing that and we're being very aggressive about it is because of the Taseko Mines of the world that we have to deal with in the Chilcotin," Alphonse said from Ottawa, where he and dozens of other Tsilhqot'in members will witness the arguments.

The Tsilhqot'in aboriginal title case has been working its way through the courts for years and centres around the Tsilhqot'in's view that there should be no commercial logging or mining in its traditional territory without the consent of the First Nations. A B.C. Supreme Court judge initially ruled in 2007 that a title claim existed, but didn't enforce it due to a technical error during the proceedings. In 2010, the B.C. Court of Appeals issued a ruling narrowing the scope of the initial finding.

Alphonse said his people believe the resources in their area belong to them and the ongoing debate surrounding Taseko's New Prosperity open pit copper and gold mine south of Williams Lake highlights the need for the case to be settled. He said if aboriginal title is upheld, it will lead to better relations between First Nations and government.

"Those are our resources, as far as we're concerned, that are out there in the ground," Alphonse said. "That's our bank. Maybe my grandchildren will want to pull that out at such a time when they have the technology to remove all that without harming the environment."

The Supreme Court agreed to hear the appeal in January. It's not known when a ruling will come down, but on average the Supreme Court issues a judgment within six months of hearing an appeal.

A busload of Tsilhqot'in members traveled to Ottawa for the proceedings to show their support during the one day of arguments.

"We have to be here to show a presence that this is a very real thing and it effects every part of our life," Alphonse said. "Without title we have no hope of self-government, we have no hope of gaining jurisdiction."