The Mowachaht/Muchalaht First Nation (MMFN) announced on Dec. 12 that the nation is filing a title claim in the British Columbia Supreme Court seeking a declaration of Aboriginal title.
As part of the claim, MMFN is also pursuing monetary compensation for unjustified infringement and/or breach of Crown duties owed to MMFN.
鈥淔or centuries the Province has been making decisions in our territory without our consent that have had devastating cultural, spiritual, environmental and economic harms, and very little benefit to MMFN,鈥� said Chief Mike Maquinna.
鈥淭he Crown has acted as if it is the sole decision-making authority for our forests; however, MMFN has been exercising jurisdiction regarding forestry management in our territory since time immemorial. Through this Aboriginal title claim, MMFN aims to ensure a sustainable future for our community and future generations.鈥�
The title claim, directed solely at the provincial government, will allow the MMFN to make its own decisions regarding the ecological stewardship of its land. They say Crown-authorized forestry activity that has taken place without the MMFN's consent has impacted their land economically and environmentally.
Chief Jerry Jack said the nation has been the stewards of the land since time immemorial and called for the province to uphold its commitment to the United Nations Declaration on the Rights of Indigenous Peoples and return the decision-making power over their lands back to the MMFN.
Jack says the claim seeks title to about 430,000 hectares of land from Friendly Cove to Tahsis in the north and Buttle Lake in the east, and an undisclosed amount of financial compensation.
Jack says the land title case does not make any claims against private land owners, home owners or recreational hunting and fishing operators.
Jack says the First Nation decided against pursuing formal treaty talks with the federal and provincial government years ago and has been planning the land title court case "for many decades."
The MMFN says Crown-authorized forestry activities have had significant ecological impacts on its territory, particularly on water, fish, and wildlife, with the land covered by tree farm licenses and timber supply areas.
A press release from the MMFN on Dec. 12 estimates that the province has removed millions of cubic metres of timber from the territory since the early 1990s and retained the economic benefit.
鈥淭he loss of large cedar trees has caused significant cultural and environmental damage,鈥� said Chief Patrick James. 鈥淓specially as cedar wood and bark are essential to several of our spiritual, ceremonial and ritual practices.鈥�
Chief Dan Savey says the MMFN's pursuit of the title claim will not come at the expense of the non-Indigenous communities in the area. He said it will "present an opportunity for sustainable growth and prosperity for all."
鈥淭he significant and positive impact of this title claim will be transformational for our community,鈥� said Chief Nathan George. 鈥淚t will support the revitalization of cultural practices, language, food supply and local economy, and will allow MMFN to protect our territory through sustainable forestry practices and combat climate change, which not only helps MMFN, but everyone.鈥�
Mike Maquinna is a descendent of Chief Maquinna who met British explorer Capt. James Cook in 1776.
鈥� with a file from The Canadian Press
