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Gitanyow Hereditary Chiefs win crucial court victory

Ruling excludes Nisga’a Nation as defendant, sets stage for title trial
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Totem poles in Gitanyow territory. The B.C. Supreme Court rejected a Nisga’a application to be named as a defendant in a Gitanyow land claim overlapping Nisga’a territory. (Gitanyow Hereditary Chiefs Office photo)

The B.C. Supreme Court has ruled in favour of the Gitanyow Hereditary Chiefs in a significant legal decision that may influence future Aboriginal title disputes and intergovernmental relations. Justice Stephens rejected the Nisga’a Nation’s request to be included as a defendant in the Aboriginal title case brought by the Gitanyow, scheduled for trial on Oct. 1.

If the Nisga’a were made a defendant, they would have had the right to formally respond to the lawsuit, be actively involved in all the preparations before the trial, and participate in every part of the trial itself, including making a final argument.

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