Appellants factum - Woodward & Company

2then Chief of the Xeni Gwet’in, commenced the “Trapline Action” on April 18, 1990and the “Brittany Triangle Action” on December 18, 1998. 146. On May 13, 1992, Premier Harcourt promised the Tsilhqot’in people that therewould be no further logging in their traditional territory without their consent. 15 However,starting on January 1, 1997, the Province issued several forest licenses to various forestcompanies permitting logging within the Trapline Territory and Tachelach’ed. 167. In 2001, a Ministry of Forests official confirmed that logging and road building inthe Claim Area were inevitable, as the decision to permit harvesting in the disputed areawas made at the time the licences were issued early in 1997. 178. These actions were consolidated by consent into the present action. 18 In thisaction, the Plaintiff, as representative of the Xeni Gwet’in and Tsilhqot’in Nation, soughtdeclarations of Aboriginal title, Aboriginal rights to hunt and trap, and an Aboriginal rightto trade in animal skins and pelts. The Plaintiff also sought associated relief, includingcompensation for past infringements of Aboriginal title.B. The Trial9. The trial commenced on November 18, 2002 and proceeded for a total of 339trial days. 19 Twenty-four Tsilhqot’in witnesses testified before the Court, and fiveadditional Tsilhqot’in witnesses provided evidence by affidavit alone. The Trial Judgeestablished a procedure to test the qualifications of witnesses proposing to give oralhistory or oral tradition evidence. 20 Each of the Tsilhqot’in witnesses satisfied this test,subject to very limited exceptions on particular points of testimony. The Trial Judge14 Trial Decision, paras. 64, 79.15 Trial Decision, paras. 70, 328.16 Trial Decision, paras. 69-70, 75-78.17 Trial Decision, para. 87.18 Trial Decision, para. 82.19 Trial Decision, Executive Summary.20 Trial Decision, para. 139.