Boxes of documents, some dating to pre-Confederation, have been collected in the case of the First Nations band attempting to assert ownership of the Nemiah Valley, in the B.C. Interior.
Now the Victoria lawyers hired by the Xeni Gwet’in First Nation — a small community of Tsilhqot’in people (Chilcotin in the anglicized version) — are working to put together their final written argument, expected early next month. Trial wrapped up last week in B.C. Supreme Court in Victoria.
The Nemiah Valley lies west of Williams Lake and was largely isolated until the mid 1970s when a road was completed. Now First Nations are in court fighting incursions by logging companies.
But to do that, according to their lawyer, Jack Woodward of Victoria, the Xeni Gwet’in must first prove in court the land is theirs.
Woodward said the case has taken three years, 300 days of trial and called for over 600 exhibits, including documents thousands of pages in length.
There are documents going back to days of the fur trade in the early 19th century. There has been evidence from native speakers who required translators to be heard. Some of the testimony revolved around ancient legends which Tsilhqot’in tradition demands cannot be spoken while the sun is up, so the court had to sit at night.
Woodward said he and other members of the legal team are working to put together their final written argument for early November. Those written arguments will be followed by arguments from the provincial and federal governments. In the spring, oral arguments will be made.
"The end is in sight. It has been an epic if ever there was an epic," he said.
Historically, the Tsilhqot’in people are most famous for the 1864 Chilcotin War. Frightened by a white land speculator who threatened to bring smallpox to the area, the Tsilhqot’in revolted and killed members of a survey crew, about 15 people.
Armed expeditions were sent to the area and eventually some native people turned themselves in. But instead of talk, they were quickly tried, convicted and seven were hanged.
Mystery still surrounds the identity of the rebel leader, recorded as Lhasasin, or Klatsassin. In Tsilhqot’in that translates to "We do not know his name" and nobody has established who he was.
After the hangings, the Tsilhqot’in people were largely left alone and the episode has been recorded as either a victory for the native side, or at worst, a draw.
Now, in seeking to prove the Xeni Gwet’in connection to the Nemiah Valley, the legal team has compiled what Woodward described as probably one of the best historical collections ever compiled for B.C., a fascinating peek at Canadian history.
"This would be one of the most extensive collections of documents to have anything to do with the Chilcotin War," he said. "It’s great stuff."
Government officials have said until the case is concluded there will be little comment. But according to experts, like Prof. Jim Borrows of the University of Victoria law faculty specializing in aboriginal law, the Xeni Gwet’in case is making Canadian legal history.
It is the first time a First Nations has taken the historic 1997 Delgamukw decision from the Supreme Court of Canada, that stated aboriginal land title does exist in law, and tested it on the ground.
Borrows has also explained the reason the trial has taken so long is because it has taken Canadian courts into areas where, unlike common law, there is virtually no precedent to guide the judge or lawyers.