B.C. First Nation serves land eviction notice to CN Rail, logging companies

VANCOUVER -- British Columbia First Nations are wasting no time in enforcing their claim on traditional lands in light of a landmark Supreme Court of Canada decision recognizing aboriginal land title.

The hereditary chiefs of the Gitxsan First Nations served notice Thursday to CN Rail, logging companies and sport fishermen to leave their territory along the Skeena River in a dispute with the federal and provincial governments over treaty talks.

And the Gitxaala First Nation, with territory on islands off the North Coast, announced plan to file a lawsuit in the Federal Court of Appeal on Friday challenging Ottawa's recent approval of the Northern Gateway pipeline from Alberta.

The Kwikwetlem First Nation also added its voice to the growing list, claiming title to all lands associated with now-closed Riverview Hospital in Metro Vancouver along with other areas of its traditional territory.

They cite the recent high court ruling in Tsilhqot'in v. British Columbia.

"It's given us a bit of confidence that things are going to be going our way," said Clarence Innis, acting chief of the Gitxaala. "I think that is a very strong message to Canada ... not to ignore First Nations any more but to consult."

The court application argues that the federal Conservative cabinet did not consider the Gitxaala's aboriginal rights and title in approving the oil pipeline proposed by Calgary-based Enbridge (TSX:ENB). The Tsilhqot'in decision bolsters their case, said Rosanne Kyle, the band's lawyer.

"The Northern Gateway project is going to be the first case where the implications of Tsilhqot'in will crystallize," she said. "The court has provided a lot more clarity for everyone involved, including government, as to what needs to be done to achieve reconciliation."