Shishalh Nation Speaks...

Within the Tsain-Ko FSP Public Response Letter posted below there are references to the shishalh Nation and to the Shishalh Land Use Plan. To understand why this is so, it must be borne in mind that Tsain-Ko Forest Development Corporation is owned by members of the shishalh Nation and the logging cutblocks are within shishalh traditional territory.

On January 11, 2008, the following document appeared on page A26 of the 'Coast Reporter,' a newspaper that serves the Sunshine Coast. It will be quoted in its entirety:

Statement of the shishalh Nation on our Aboriginal title and rights to shishalh Nation Territory

On November 20, 2007 the BC Supreme Court released a landmark decision in the Tsilhqot'in Nation's Aboriginal Title and Rights trial. This decision confirms that Aboriginal Title in B.C. has never been extinguished and continues to aply to lands, resources and waters which have sustained First Nations culturally, spiritually, economicially and socially since time immemorial. The decision further clarifies that, where Aboriginal Title exists, Provincial Crown jurisdiction does not.

shishalh Nation Aboriginal Title is a legal interest in the lands and resources of our Territory, and includes the right to decide how those lands and resources will be used, and share in the benefits from the development of our Territory. The shishalh Nation does not accept the Province acting as if our Aboriginal Title does not exist. The Province must respect the law of this land. Once again, the Court calls upon governments to recognize our Aboriginal Title and Rights to our Territory and engage in meaningful negotiations.

The shishalh Nation is putting all residents, businesses and governments within our Territory on notice that we intend to continue to exercise, and defend, our Aboriginal Title and Rights.


It is our responsibility to protect shishalh Nation Aboriginal Title and Rights, so that our Territory will continue to sustain our present and future generations. The shishalh Nation is prepared to work with the residents, businesses and governments within our Territory on that basis. However, the law is now clear that there can be no further use of our lands and resources without the consent of the shishalh Nation, and without meaningful recognition and accommodation of our Title and Rights.

A copy of the Tsilhqot'in decision can be accessed through: http://www.courts.gov.bc.ca/sc/

For more information on the shishalh Nation, please visit our website at: www.secheltnation.ca

Court Decisions Establishing Aborignial Title and Rights & Duty to Consult and Accommodate

Title Cases:

Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700 (.pdf - 485 pgs)

Delgamiuukw v. British Columbia, [1997] 3 S.C.R. 1010

Consultation and Accommodation Cases:

Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73

Musqueam Indian Band v. British Columbia (Minister of Sustainable Resource Management), 2005 BCCA 128