WFP lawyer Geoff Plant now pleading to the courts with unbelievable arrogance, patronizing a Supreme Court Declaration of Aboriginal title “abstract”, framing things as if #Nuchatlaht might not have title and demands a “suspension of declaration for a reasonable time” #BCpoli
Geoff says “Wfp takes no position on the question of whether the plaintiff has aboriginal title….that’s a question for courts, First Nations and the government. Since 2017 since case began, my client doesn’t take a position on aboriginal title.” (Sure sounds like you do 🙄)
Geoffy carries on, “My client says at end of case, is: if aboriginal title established, suspend any declaration of title for a reasonable period of time…. the reason that the court should suspend it’s declaration is to allow the parties to work that out…”
“…All the parties, including my client. There will be a world to understand in the aftermath of establishment of title. The best way to get those issues resolved in a sensible way is to suspend the declaration to allow parties to do that…”
…that hopefully would be time during which the parties could discuss and negotiate arrangements to make the transition more easy.”
“…In order to have reconciliation one of must address all of the interests of all rights holders… which included WFP and also includes the public interest, which is safeguarded by provincial forestry and forest practices in BC….” 🤮 #Nuchatlaht
Geoffy continues… “Typically the First Nation will claim an aboriginal right to title, and claim an infringement of those rights…. The Courts must take into consideration all of the interests and rights holders including WFP.”
“We don’t really know if logging is an infringement of aboriginal title….we don’t know what happens to those third party rights…even if that statute(Forest Act) no longer applies…”
“…what do we do about the roads, pursuant statutory obligation to the decommissioning of roads, silvaculture”
I’m literally walking around the halls of Supreme Court trying not to feel nauseous hearing the violent, colonial words of erasure of indigenous people from *the very place of European contact* by the province & WFP.
I can’t even imagine how triggering and harmful it must be for #Nuchatlaht or other indigenous people to hear these “nice” white lawyers in robes “debate” whether they fucking exists. It’s enough to make your head explode and your heart burst into flames. 🤯
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#Nuchatlaht case resumes after break with BC Gov lawyer Echols talking about how “the question at hand is about evidence, not law. The Aboriginal must prove substantial connection to the land under claim.” Then refers to #Delgamuukw case
Referring Marshall & Bernard, brings up not only substantial connection to the land, also “continuity” of connection, & the colonial legal requirement to show that the rights of title flows from inhabitants/rights holders then & now having continuity from date of sovereignty.
Experts from BC gov: 1) Morley Eldridge (3 response reports to Jacob Earnshaw and John Dewhurst and Dr. Chelsea Armstrong. Also 2) Joan Lovisek (spelling?) (with 5 original & response reports to Earnshaw, Dewhurst, Armstrong) & 3) Dr David Lin (of the Global Footprint Network)
Now David Eby’s lawyer for the BC Provincial government, Echols, takes the mic at the #Nuchatlaht trial gearing up for some *exciting* bureaucratic heel dragging for procedural nonsense asking for a “fair trial” asking for more evidence in the case. 🥱 #BCpoli
Even as a layperson interpreting law, legal proceedings and litigation I can tell the province’s defense has been remarkably sloppy and unprofessional throughout the case so far.
Echols mumbling about “Respecting the rules of practice and fairness to all parties” as if WFP and the Province have some sort of right to “reconciliation” as if they’re the victim not the perpetrator of this injustice. It’s impressive seeing lawyers spin cognitive dissonance.
Why would @Dave_Eby & @jjhorgan have their lawyer argue in Supreme Court that the #Nuchatlaht were too “small and weak” to have title over their land? Lawyer Echols had the dishonourable, sloppy, audacity to say this in front of Justice Myers and I’m still speechless. #BCpoli 🤯
Frankly, the provincial government should not have lawyer on payroll that forwards colonial, profoundly racists, inaccurate and harmful actions like this. It’s 2022 FFS. 🚩🚩🚩🚩🚩 #DRIPA#UNDRIP#BCpoli#Nuchatlaht
The Province, clearly embarrassed, have called a motion to amend and detract the word “weak” replacing it with “Prior to and at the date of sovereignty the Nuchatlaht were relatively small and had little capacity from stopping other indigenous groups from using the land…..” 🙄