The Gitxaa艂a Nation is suing the federal and provincial governments and the Prince Rupert Port Authority (PRPA) in the BC Supreme Court.
The North Coast First Nation filed the Jan. 27 civil lawsuit along with Lu Sa Hax Hoyaxgm WilB次元官网网址檔atB次元官网网址檃a艂 (LSHH), the joint committee of Hereditary Chiefs and the elected Council.
It alleges the Crown and PRPA failed to fulfill their duty to consult with Gitxaala on significant land and resource decisions in the Prince Rupert Harbour area, resulting in cultural and economic losses for the Nation.
The claim stresses the Crown has repeatedly shunned Gitxaa艂aB次元官网网址檚 rights by downplaying its claim to the territories within the Prince Rupert Harbour, Kaien Island and the mouth of the Skeena River. This disregard persists despite Gitxaa艂a providing substantial evidence from various sources that confirm their continuous occupation of the area for millennia.
Gitxaa艂a believes other First Nations are being favoured in treaty negotiations and industrial projects are being advanced without noteworthy consultation. They argue this approach benefits those Nations willing to compromise their rights, rather than promoting a meaningful, evidence-based assessment of competing claims.
B次元官网网址淭he Crown treats consultation as merely a box-ticking exercise and a method to clear the way to development and resource extraction,B次元官网网址� said Lou Ga Gwelks (Linda Innes), elected chief councillor of Gitxaa艂a Nation.
B次元官网网址淭he approach taken by both Crowns incentivizes First Nations to accept agreements that compromise their rights and title to avoid being left with nothing. This undermines the long-term interests of Indigenous peoples and perpetuates an unjustly competitive dynamic among Nations. We know this because we have experienced it first-hand,B次元官网网址� she added.
Through this civil claim, the Nation aims to understand why the Crowns do not accept the evidence supporting Gitxaa艂a's claim to the Harbour Area for the first time.
The Nation asserts both the provincial and federal governments have not fulfilled their commitments to reconciliation or adhered to the requirements outlined in Section 35 of the Constitution Act, 1982, as well as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP, federal), and the Declaration on the Rights of Indigenous Peoples Act (DRIPA, provincial).
They said they notice this in the management and development of projects in and around the Port of Prince Rupert.
The lawsuit also emphasizes the CrownB次元官网网址檚 violation of Gitxaa艂aB次元官网网址檚 rights to self-determination and self-governance as outlined in Gitxaa艂a ayaawx (laws). The CrownB次元官网网址檚 unfair and inaccurate assessments have led to Gitxaa艂a being excluded from meaningful accommodations and prevented from participating in the regionB次元官网网址檚 growing economic prosperity, despite their readiness and willingness to contribute, the suit asserts.
As a result, the Gitxaa艂a Nation bears all the risks inherent in these projects, while being denied access to the potential economic benefits.
Among the projects cited in the lawsuit is the Canadian National Railway Mainline Rail Expansion Project, which the Gitxaa艂a say was approved without proper consultation. It also references a land reconciliation agreement involving Lax KwB次元官网网址檃laams, which it argues was negotiated without Gitxaa艂aB次元官网网址檚 input.
The Nation reports instances of breaches of agreements, such as the Prince Rupert Port AuthorityB次元官网网址檚 interpretation of the Fairview Agreement involving itself, Canada, and Gitxaa艂a. The AuthorityB次元官网网址檚 interpretation is overly broad and does not align with the actual wording of the agreement, they say. This interpretation has violated the CrownB次元官网网址檚 duty to honour agreements and uphold the principles of reconciliation while implementing and interpreting such contracts according to the suit.
Relief sought
The Nation seeks a declaration that the defendants, including Canada, British Columbia, and the Prince Rupert Port Authority, have violated their duty to consult with Gitxaa艂a regarding the management and development of projects in and around the Port of Prince Rupert, as well as in negotiating the Lax KwB次元官网网址檃laams Agreement and Treaty Negotiations.
Additionally, the Nation seeks a declaration that these parties failed to uphold their obligations under the UN Declaration and their promises to Gitxaa艂a, particularly regarding Gitxaa艂aB次元官网网址檚 title claim and the duty to negotiate in good faith.
The Nation is also seeking damages, costs, interest (both post- and pre-judgment), and any further relief deemed appropriate by the court.
The claim comes as governments across Canada face increasing scrutiny over their handling of Indigenous land claims and consultation processes.
In 2004, the Supreme Court of Canada ruled in B次元官网网址� that the Crown must engage in meaningful consultation and negotiation with Indigenous nations before making decisions that affect their lands. The Gitxaa艂a argue that, despite nearly two decades since that landmark ruling, the government continues to treat consultation as an afterthought rather than a core part of reconciliation.
