Lummi Nation in Washington state says it holds transboundary rights and that Canada has failed to ‘consult and accommodate’
of the country’s charter, which recognizes the treaty rights of “Aboriginal peoples of Canada”, applies to modern-day successors of Indigenous societies that occupied Canadian territory during European contact, even if those societies and their members, including the Sinixt, are now located outside Canada.as “the original inhabitants of Washington’s northernmost coast and southern British Columbia”.
At the time, experts said the decision could recognize Canadian hunting and fishing rights for peoples in the United States whose traditional territory was north of the border. The ruling also raises questions over whether the nations whose members live in the US but have treaty rights in Canada need to be consulted over resource projects.“It’s not like all the US tribes are going to be rushing to the border and saying ‘We want to hunt and fish, we want to be consulted’.
While he believes the Lummi have a long documented history in the region and feel their initial claim is strong, he admits that courts and governments are still trying to figure out the implications of the 2021 decision. A spokesperson for the federal government said in a statement it would be “premature” to comment on the specific case, which will likely be heard in court at the end of the year.
“All they wanted was for the crown to just sit down and talk to them. To say, ‘Yes, we’re going to consult with you,’” said Gailus. “And if they had, potentially all of this could have been avoided.”
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