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Aboriginal Rights and Title
We will provide a free evaluation of your First Nation's position with
respect to establishing, maintaining and protecting your Aboriginal rights, title and interests.
We are one of Canada's most experienced law firms working for First Nations clients to:
- Assert, protect and litigate Aboriginal rights and title to land and resources.
- Provide legal expertise for economic development & corporate organization.
- Provide effective advice on Band Governance issues.
- Negotiate treaties, strategic partnerships and other agreements.
- Utilize all available tax exemptions.
- Ensure productive employment relationships and reduce employment liabilities.
WOODWARD & COMPANY
2nd Floor, 844 Courtney Street
Victoria, BC V8W 1C4
P: (250) 383-2356
F: (250) 380-6560
E: reception@woodwardandcompany.com
Skype: woodward.and.company
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April 26, 2008
Woodward & Company is pleased to announce that we are sponsoring a law student internship in Guatemala at the Rabinal Community Legal Clinic (the Bufete Juridico Popular de Rabinal).
The Rabinal Community Legal Clinic is a grassroots, community-based organization. It was founded in 1999 to help indigenous Maya-Achi people access the legal system with respect to crimes committed during the civil war. The main focus of this work has been the crimes committed by the Guatemalan military in the 1980s as part of their scorched earth campaign against the indigenous Maya people. The Legal Clinic was the driving force behind the investigation and trial of paramilitary soldiers for one of the Rio Negro massacres, which resulted in the conviction of the accused; this trial remains one of only a few that have been held for those responsible for the greater than 600 massacres that occurred during the late 1970s and early 1980s. The Clinic also provides legal services regarding land disputes, human rights violations, family matters and women’s rights.
The intern will be working alongside the staff at the Legal Clinic to provide legal services to the Maya-Achi community. The intern will have the opportunity to learn a great deal from their new colleagues, clients and friends, who remain committed to truth, justice and reconciliation. Rabinal is a place that was hard-hit by the violence, terror and repression of the genocide and civil war, yet it is also a place of incredible courage, beauty and hope.
This volunteer position is one aspect of our developing relationship with the Rabinal Community Legal Clinic. Part of the intern’s task will be to act as a bridge between our communities. We look forward to hearing about their adventures, struggles and accomplishments.
For those who wish to learn more about the Guatemalan civil war, part of the report of the Commission for Historical Clarification is available here.
March 5, 2008
The Globe and Mail recently reported on the Provincial Government's move to extend a hay permit in an area where Justice Vickers found that Tsilhqot'in title was proven. You can find the article here.
Gary Campo of Woodward & Company recently spoke at an Aboriginal Law Continuing Legal Education Program in Yellowknife, Northwest Territories, that was held in conjunction with the National Aboriginal Bar section meetings. This past week, Gary also spoke at a conference on implementing Aboriginal title. His papers from these conferences are available below:
Oral History Does Make a Difference: William v. British Columbia et al.
Challenges, Successes and Lessons Learned in the Context of Oral History
January 22, 2008
On December 14, 2007, the Federal Crown filed an appeal in the Tsilhqot'in case. The Globe and Mail reported on this development. The Federal Minister has not yet responded to Chief Roger William's offer to enter into negotiations.
Last Friday, January 18th, Jack Woodward and Heather Mahoney each presented a paper at the Continuing Legal Education Society Conference "Aboriginal Law: Tsilhqot'in v. British Columbia." Their papers are linked below:
Rejection of the “Postage Stamp” Approach to Aboriginal Title:
The Tsilhqot'in Nation Decision
Tsilhqot’in Nation v. British Columbia: Cultural Security and the Promise of Site-Specific Rights
January 7, 2008
Membership Code Workshop
Leah Mack, of Woodward & Company, will be presenting an information session on First Nations Membership Codes. The workshop will present an overview of the current law and recent cases that may impact your Membership Code, as well as highlight common concerns faced by First Nations when creating, revising and implementing Membership Codes.
When: February 4, 2008, 10 am – 3 pm
Where: Snuneymuxw First Nation Administration Office, 668 Centre Street, Nanaimo, British Columbia
Cost: $30, lunch included.
A registration form is available here.
November 30, 2007
On the day the Tsilhqot'in decision was released by Justice Vickers, Chief Roger William of the Xeni Gwet'in wrote letters to Prime Minister Stephen Harper and
Premier Gordon Campbell, asking them to do the right thing and officially acknowledge Tsilhqot'in title where it was proven in court.
The letter to Stephen Harper is available here, and
the letter to Premier Campbell is available here.
Last night, in an inspiring show of unity, three umbrella organizations - the British Columbia Assembly of First Nations, the First Nations Summit, and the Union of B.C. Indian Chiefs - who together represent every First Nation in British Columbia, sent a joint letter
to the Federal and Provincial governments in support of the Tsilhqot'in claim, and requested that they:
1. Officially recognize Tsilhqot’in Aboriginal title in the areas the
Court stated the Tsilhqot’in have proven title;
2. Recognize that First Nations in British Columbia have Aboriginal title and rights
throughout their entire territories; and
3. Commit to negotiations to settle the Land Question in B.C. as directed by the Courts
based on true recognition and reconciliation of Aboriginal title and rights.
A copy of the Leadership Council letter is available here.
November 21, 2007
Justice Vickers, of the British Columbia Supreme Court, released his decision today in the land claim case of Tsilhqot'in Nation v. British Columbia.
Justice Vickers found that:
1. The Tsilhqot’in people have proven their Aboriginal title to nearly one half of the Claim Area.
2. The Tsilhqot’in people have Aboriginal rights, including the right to trade furs to obtain a moderate livelihood, throughout the Claim Area.
3. The province’s Forest Act does not apply within Aboriginal title lands.
4. The province has infringed the Aboriginal rights and title of the Tsilhqot’in people, and has no justification for doing this.
5. Canada’s Parliament has unacceptably denied and avoided its constitutional responsibility to protect Aboriginal lands and aboriginal rights.
Below you will find links to press releases about the decision and the text of the decision itself.
More....
Press Release - Short
Press Release - Long
Communiqué
Decision - Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700 (without maps)
Decision - Maps (reduced)
The decision is also available from the BC Supreme Court website here.
Woodward & Company has created a map that approximates the area where Aboriginal Title was proven, available here.
October 30, 2007
Jack Woodward and Heather Mahony presented a paper, co-authored with Pat Hutchings and Leigh Anne Baker, to the Continuing Legal
Education Society's "Aboriginal Law: Solicitors' Issues" course in Vancouver on October 16, 2007.
The paper deals with the complexities of addressing First Nation custom laws and rules and
the developing common law jurisprudence of contractual and treaty rights.
Basic Principles of Drafting Off-Reserve Agreements
September 19, 2007
Joint Canada-BC Review Panel recommends rejection of Kemess North Mine
The Tse Keh Nay are celebrating the recommendation from the Joint
Environmental Assessment Panel for the proposed Kemess North Mine. The
Tse Keh Nay include three First Nations who are part of the larger
Sekanni Nation: Takla, Tsay Keh Dene and Kwadacha. Murray Browne from
Woodward & Company has been working with the Tse Keh Nay for over two
years to save Amazay (Duncan Lake) from the proposed mine.
More....
Carrier Sekani Tribal Council News Release
Tse Keh Nay News Release
Joint Review Panel News Release
Exerpt from the Globe and Mail Article
Carrier Chiefs letter from Vancouver Sun
July 13, 2007
As a sign of their tremendous appreciation for the many people who gave of their time, energy and spirit during the long years of the William trial, Jack and Chief Roger have published a book of gratitude entitled "Sechanalyagh." Sechanalyagh means "Thank you" in Tsilhqot'in. You can download a copy of it here.
June 20, 2007
Krista Robertson was in the news yesterday when the Globe and Mail reported on her presentation on potential legal actions stemming from the loss of the eulachon resource at a gathering in Bella Coola.
May 2, 2007
Woodward & Company was in the news last week because of our work for Sliammon First Nation. Sliammon are opposing the government licensing of geoduck farms in their Traditional Territory without proper consultation. A copy of the petition is available here.
April 30, 2007
Today's date marks the 145th anniversary of the beginning of the Tsilhqot'in War. Last month Woodward & Company filed the
Plaintiff's Reply in the William Case, bringing to a close this
historic land claim action. On April 11, 2007, Court was
adjourned for Mr. Justice Vickers to begin deliberations. A
decision is expected later in 2007.
Below you will find links to the Plaintiff's arguments:
Argument of the Plaintiff - Nov. 30, 2006
Appendix 1 - Witnesses, Genealogies, Traplines
Appendix 2 - Select Tsilhqot'in Villages
Appendix 3 - Tsilhqot'in Land Use Patterns
Appendix 4 - Tsilhqot'in Wars
Appendix 5 - Forestry Tables
Appendix 6 - Maps
Plaintiff's Reply - March 28, 2007
Appendix 1A
Appendix 1B
Appendix 2
Appendix 3
Please note that these are very large files and they may take
some time to download.
 Some documents require acrobat reader to view. Click here to download a free copy.
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