OTTAWA -- A small British Columbia First Nation is before the Supreme Court of Canada on Thursday, in a case that could have far-reaching effects on aboriginal title in Canada.
Leaders of the Tsilhqot'in nation said they were only ready to hear one answer as they prepared to argue that they should have title to a vast stretch of land in the province's interior.
"Our hearts are beating as one and the strength is here," Xeni Gwet'in Councillor Loretta William said outside the courthouse in Ottawa, while inside lawyers for her band began their arguments before a panel of nine judges.
"Everyone is here for the same reason, to have our title rights recognized," said William. "You can feel it, there's a certain energy here."
The case began more than two decades ago, with a provincial decision to grant logging rights in an area within the Xeni Gwet'in nation's traditional territory near Williams Lake, more than 500 kilometres northeast of Vancouver.
The Xeni Gwet'in and their larger Tsilhqot'in National Government filed suit, and a B.C. Supreme Court judge ruled in 2003 that the band had aboriginal rights throughout the claimed area, including the right to hunt, trap and earn a moderate living from it.
The judge also found the band had aboriginal title to about 40 per cent of the claimed land but said he could not grant a declaration of title because the claim was pursued as "all or nothing."
The First Nation, the province and the federal government all appealed, but the B.C. Appeal Court dismissed their actions.
The band then sought leave to appeal to the Supreme Court of Canada, which announced earlier this year it would hear the Xeni Gwet'in case.
The country's highest court is expected to set out in its decision just how aboriginal land title can be established, but that ruling is not expected until sometime in 2014.
"We've got all the time in the world," said William, adding a ruling is at least four months away.
"We're going to wait, that's what we're here for. We'll always be on our land and we will wait forever, but we want to get this land question dealt with as do all the other First Nations across Canada."
The case had drawn intervention from provinces including Manitoba, Quebec, Alberta and Saskatchewan, as well as the Union of British Columbia Indian Chiefs, the Assembly of First Nations and B.C.'s First Nations Summit.
The Tsilhqot'in are opposed to a gold-and-copper mine proposed by Taseko Mines Limited southwest of Williams Lake, B.C., and they hope a high-court victory will help them stop the mine.
