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The Ts’kw’aylaxw First Nation (TFN) has deep experience in dealing with the adverse impacts of mining activities on its lands.  The promise by the Province that it will properly consult the TFN on governmental decisions has been breached numerous times.  The TFN is in litigation against the Province for failing to properly regulate mining activities on our lands.  

Thanks to this appeal, and to intervenors in the Saugeen Ojibway Nation challenge, Canada has reversed its position and now agrees that aboriginal title to lands beneath navigable waters is cognizable at law.

Haida intervened in the case of Saugeen Ojibway Nation as the issue of submerged lands is key to their upcoming Title challenge. The Title case, currently in case management until 2026, relies on ‘no bad precedents’ being set regarding submerged lands.

The Nuxalk Nation is a coastal First Nation and its Traditional Territory also includes the Great Bear Rain Forest.  It has a well documented system of  Nuxalk Indigenous Laws that  defines the jurisdiction to control the use and access to its Traditional Territory.  These factors will allow Nuxalk Nation to bring a unique perspective to this JR.

The Mineral Tenure Act and subsequent action under the Mines Act have severely impacted Nak’azdli’s ability to exercise its Aboriginal rights and title. Therefore, Nak’azdli Whut’en are intervening in Gitxaala’s challenge, as a precedent-setting decision in this case will directly benefit the Nation.

Gitanyow is exercising its own jurisdiction to protect sockeye spawn in the Meziadin watershed in the face of provincial inaction, because of mineral claims.