|
Saturday, 06 February 2010 22:13 |
|
| |
BC Supreme Court Says Tolko Must Conduct Archaeological Work Prior To Logging
On February 2, 2010, Madam Justice Brown, of
the BC Supreme Court issued her final decision regarding the archaeology
proposals submitted by Okanagan Nation Alliance & Okanagan Indian Band
and Tolko Industries Ltd. on January 29, 2010. Madam Justice Brown's
final pronouncement follows her previous decision on January 11, 2010
that Tolko could log eight (8) cutblocks in the Browns Creek Watershed,
provided that a process was put in place to protect archaeological
evidence.
Madam Justice Brown accepted Tolko's archaeology proposal, subject to
clarifications around Okanagan Nation involvement, which included
providing input into the archaeological overview assessment and
including Okanagan participation in on-ground assessments with an
archaeologist. She also stated that Tolko must also consider post-1846
archaeology, which will impact the archaeological classification of the
eight (8) cutblocks. As well, if there is any question on classification
of archaeological potential, the Court stated that it is expected that
the archaeologist will err on the side of caution and provide a higher
classification, as protecting Okanagan archaeology was a prime concern
for the judge in this case.
Chief Fabian Alexis of the Okanagan Indian Band (OKIB) stated "I am
disappointed that the BC Supreme Court did not appreciate the importance
of the trailmapping that must be conducted to preserve our title
evidence for litigation in the Wilson case. The Okanagan Nation has
historically used the Browns Creek Watersheds and continues to use it
for traditional foods, hunting and gathering purposes." Chief Alexis
further stated that "I am confident that if the archaeologist does his
work properly, that he will find more archaeology within the eight (8)
cutblocks that cannot be disregarded."
Grand Chief Stewart Phillip of the Okanagan Nation Alliance stated "The
Okanagan Nation Alliance is disappointed, that, once again, the Courts
have side-stepped and turned a 'blind eye' to the proprietary or
ownership dimension of our Aboriginal Title interests to the lands and
resources within our territory." Grand Chief Phillip concluded by
stating "Consequently, we shall be forced to continue to fight the
unresolved Aboriginal title battle cutblock by cutblock, mining permit
by mining permit and pipeline proposal by pipeline proposal."
The Okanagan Nation Alliance is the political organization representing
seven (7) Okanagan bands with a mandate to protect and advocate for
Okanagan Title, Rights and Lands.
|
|
Last Updated on Saturday, 06 February 2010 22:16 |
Related Articles, Videos, Books, Or Other Items
|
|
About Us
On This Day in Indigenous History
Wednesday, 01 September 1858
The Battle of Four Lakes
On This Day: In 1858 over 500 Coeur d'Alene people fought Colonel George H. Wright and 600 soldiers at the Battle of Four Lakes near present-day Spokane, Washington. Wright attacked and drove off the Indians inflicting heavy losses while reportedly not losing a single soldier due to the long range (500+ yards) of the new Springfield Model 1855 Rifle-Musket vs. the short range (50-100 yards) of the Indian's smoothbores. Over 60 Coeur d'Alene warriors lost their life protecting their people and land.
View all events.
|
North America 
