THAT WHICH GIVES US LIFE. The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge.
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3 THAT WHICH GIVES US LIFE The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge.
4 The Syilx/Okanagan People are: A Non-treaty First Nation and as such have not surrendered its Title and Rights interests on its (69,000km2) Territory Okanagan Nation Alliance (ONA) is the administrative and technical arm of the Nation The Chiefs Executive Council (CEC) is the elected political decision making governing body ONA has five departments and over 88 full time and 20 annual seasonal staff
5 A WAY OF LIFE The key resource for many of the Okanagan groups was fish, especially salmon. Douglas R. Hudson, The Okanagan Indians of British Columbia, in Jean Webber and the En owkin Centre, eds., Okanagan Sources. Penticton: Theytus Books, 1990, p. 57.
6 The Treaty has disrupted our way of life in ways that very few other things have. Grand Chief Stewart Phillip, Okanagan Nation Alliance
7 The Syilx/Okanagan Nation and The Chiefs Executive Council ( CEC ) has a dedicated team to advise on the policy and legal aspects of the CRT Renegotiation and its impacts to its collective Title and Rights The CEC is also advised on technical issues by the ONA Fisheries Department which has has developed considerable expertise in salmon restoration and is the largest inland fisheries organization in Canada the CRT Renegotiation
8 Legal & Policy Considerations To date, the Syilx/Okanagan Nation has advocated for a position at the table during the CRT Renegotiation process based upon both international and domestic legal requirements: International legal standards: UN Declaration on the Rights of Indigenous Peoples Domestic legal standards: Supreme Court of Canada, BC Court of Appeal and BC Provincial Court decisions in aboriginal law Indigenous Legal Standards: Expression of Syilx laws
9 International Legal Considerations UNDRIP Article Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. Photo Cred: Indian Law Resource Center Article Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
10 Domestic Legal Considerations Desautel (2017) BC Prov Ct: BC Provincial Court found that Desautel, member of Lakes Tribe of CCT has aboriginal right to hunt in Sinixt territory. CCT-Lakes Tribe is a successor to Sinixt people at time of contact. No determination of whether there is a successor group in Canada. Saikuz (2015) BCCA: First Nations seeking to protect their asserted (but yet unproven) Aboriginal title and rights, have now been given the go-ahead by the British Columbia Court of Appeal ( BCCA ) to bring claims against third parties in nuisance and for interference with riparian rights, just as any other Canadian landowner can. Aboriginal title gives First Nations the right to use and control the land and to enjoy its benefits, just as other landowners can, and First Nations do not have to first prove their Aboriginal title and rights before they can get through the courthouse door to protect and enforce those rights. Aboriginal title and rights are not claims they exist. The claims First Nations have are against those who have used and exploited their lands without consent.
11 Legal Considerations Tsilhqot in (2014) SCC: first declaration of Aboriginal Title. Court also finds that doctrine of terra nullius never applied to Canada. the right to control the land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders. If consent is not provided, the government s only recourse is to establish that the proposed incursion on the land is justified under s. 35 of the Constitution Act, Haida & Taku (2004) SCC: SCC says scope of the duty [to consult] is proportionate to a preliminary assessment of the strength of the case supporting the existence of the right or title, and to the seriousness of the potentially adverse effect [of the proposed decision] upon the right or title Delgamuukw (1997) SCC: SCC decision outlines 3-point test for aboriginal title. Characterizes aboriginal title and Crown-FN relations when infringements of aboriginal title occur (consent may be required)
12 Syilx/Okanagan Laws Water Declaration STŁTAŁT ABORIGINAL TITLE AND RIGHTS (Excerpt) The Syilx Nation governs our lands and siwɬkʷ. Any external process for any proposed use of siwɬkʷ or lands within our homelands must be premised on our unextinguished Syilx Aboriginal Title and Rights, which includes the right to decide how the lands, siwɬkʷ and resources of our Territory will be used. Any activities within and around our siwɬkʷ will be led by the Syilx Nation and carried out with the participation of Syilx Nation members in accordance with Syilx Laws, customs and practices. The province of British Columbia and federal government have notice of our Title and Rights. The provincial and federal governments do not have jurisdiction or ownership of lands and resources within Syilx Territory.
13 Syilx/Okanagan Upper Columbia Salmon Restoration ONA/CCT partnering with US Tribes on developing JFPP Phase 1 evaluations: habitat assessment, disease assessments and overall risk assessments. Phase 1 work will provide basis for Phase 2 pilot studies: trap/transport of adult summer Chinook in 3 areas (Spokane River, Kettle River and mainstem Columbia River)
14 Syilx/Okanagan Salmon Restoration Continued Syilx Okanagan Nation is taking measures towards the full restoration of Okanagan sockeye to Okanagan Lake in accordance with Syilx laws Bringing back salmon into Okanagan Lake is a scientifically supported approach to reinvigorate salmon stocks, which are the lifeblood of the Syilx Okanagan people.
15 Legal Requirements for CRT Renegotiation International law requires Free, Prior and Informed Consent; Domestic law (Canada) requires that the Honour of the Crown be upheld and the series of SCC decisions requires a meaningful and robust dialogue with First Nations when contemplating decisions that affect their Title and Right; and Syilx law requires that the Nation to uphold its responsibilities to serve as protectors of the lands and resources within our territories. When we take care of the land and water, the land and water takes care of us. This is our law.
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