Appellants factum - Woodward & Company

5and a shared history”. 41Tsilhqot’in people consider themselves a distinct Aboriginalgroup. 42 Individuals identify as Tsilhqot’in people first, rather than as band members. 4319. All Tsilhqot’in people were and are entitled to utilize the entire Tsilhqot’interritory. 44 To this day, Tsilhqot’in people make no distinction amongst themselves atthe band level as to their individual right to harvest resources. 45 The right to harvestresides in the collective Tsilhqot’in community. 4620. The Tsilhqot’in Nation is presently comprised of six communities: Xeni Gwet’in,Tl’esqox (Toosey), Tsi Del Del (Redstone), 47 Tletinqox-t’in (Anahim),?Esdilagh(Alexandria) and Yunesit’in (Stone). 48 A seventh group resides with Ulkatcho Dakelh(Carrier) people on the Ulkatcho reserves located around Anahim Lake. 49 There areapproximately 3,000 Tsilhqot’in people. 5021. The setting aside of reserves and the establishment of bands was for theconvenience of the provincial and federal governments. 51 As observed by the TrialJudge, the creation of bands did not alter the identity of Tsilhqot’in people: “[t]heir trueidentity lies in their Tsilhqot’in lineage, their shared language, customs, traditions andhistorical experiences”. 52 Reverence for the land that supports and nourishes themcontinues to the present generation. 5322. Based on the above facts, the Trial Judge concluded:41 Trial Decision, para. 457.42 Trial Decision, paras. 346, 459.43 Trial Decision, para. 459.44 Trial Decision, para. 360.45 Trial Decision, para. 459.46 Trial Decision, para. 459.47 A.k.a. the Alexis Creek Indian Band.48 Trial Decision, para. 30.49 Trial Decision, para. 332.50 Trial Decision, para. 31.51 Trial Decision, para. 469.52 Trial Decision, para. 469.53 Trial Decision, para. 436. See also para. 418.