Doug Cuthand: First Nations are on a winning streak – Times Colonist
Back in 1982, when the First Nations lobbied the federal and provincial governments to include treaties and aboriginal rights in the Constitution, Section 35 was inserted as a last-minute compromise.
We were concerned at the time that all Section 35 gave us was the right to go to court. The statement was suitably vague, and merely stated: “Existing treaty and aboriginal rights are hereby recognized and affirmed.”
The substance had to be added later. First Nations so far have assembled an impressive list of winning court cases. According to Bill Gallagher, author of Resource Rulers, we are closing in on 200 victories.
The Tsilhqot’in decision by the Supreme Court is the latest in this impressive winning streak. It’s been described as a game changer, a historic decision and another step in the empowerment of First Nations. Clearly, it is time for the federal and provincial governments to negotiate resource agreements with First Nations while they still can.
