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Chiefs ‘alarmed’ as Canada, B.C., take sides in First Nations dispute

Nisga’a Nation wants to be added as defendant in Gitanyow lawsuit
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Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, speaks during a news conference in Vancouver, B.C., Nov. 2, 2023. THE CANADIAN PRESS/Ethan Cairns

The Union of B.C. Indian Chiefs says the federal and provincial governments are wrongfully choosing sides in a land title dispute between two First Nations.

The union says it’s “alarmed” that B.C. and Canada are supporting the Nisga’a Nation’s bid to be added as a defendant in a lawsuit filed by the Gitanyow Nation seeking Aboriginal rights and title over a 6,200-square-kilometre area in northwestern B.C.

The Nisga’a Nation says the area claimed by the Gitanyow overlaps with its treaty lands, but both the B.C. Supreme Court and the Court of Appeal denied the Nisga’a bid.

The Union of B.C. Indian Chiefs says the Nisga’a Nation is now seeking leave to appeal in the Supreme Court of Canada with the support of the federal and B.C. governments.

Grand Chief Stewart Phillip says the governments’ support of the Nisga’a’s legal move signals to other First Nations that treaty rights are more important than unresolved rights and title claims like the Gitanyow’s.

The union is expressing “shock and concern” at the Crown’s support of the Nisga’a, which it says has “huge implications” and will tie up the case in the courts for longer and increase litigation costs for the Gitanyow.