Appellants factum - Woodward & Company

6… [T]he proper rights holder, whether for Aboriginal title or Aboriginal rights, isthe community of Tsilhqot’in people. Tsilhqot’in people were the historiccommunity of people sharing language, customs, traditions, historicalexperience, territory and resources at the time of first contact and at sovereigntyassertion. The Aboriginal rights of individual Tsilhqot’in people or any other subgroupwithin the Tsilhqot’in Nation are derived from the collective actions, sharedlanguage, traditions and shared historical experiences of the members of theTsilhqot’in Nation. 54D. The Xeni Gwet’in23. The Xeni Gwet’in community of Tsilhqot’in people is the most remote and isclearly situated on historical Tsilhqot’in territory. 5524. The Xeni Gwet’in are viewed amongst Tsilhqot’in people as the caretakers of thelands in and about Xeni (the Nemiah Valley), including Tachelach’ed. 56 As noted by theTrial Judge, “Xeni Gwet’in people (people of the Nemiah Valley) are charged with thesacred duty to protect the nen (land) of Tachelach’ed and the surrounding nen on behalfof all Tsilhqot’in people”. 5725. The anthropologist Livingston Farrand, and others, referred to the ancestors ofthe Xeni Gwet’in as the “Stone Chilcotin”. 58 The Stone Chilcotin lived in communitiesaround various lakes, including Tsilhqox Biny (Chilko Lake). At the time of sovereignty,the Stone Chilcotin made their winter headquarters along both sides of the Tsilhqox(Chilko River) corridor up to and including Tsilhqox Biny, and extending through thelakes, rivers and streams to the south, east and west (including the Nemiah Valley). 5926. Even today, the community of Xeni Gwet’in can be characterized as remote. Itwas not until 1973 that the Xeni Gwet’in region of Tsilhqot’in territory was finallyconnected by road to the outside world. Installation of the first telephone system in the54 Trial Decision, para. 470 [underscore added].55 Trial Decision, para. 31.56 Trial Decision, para. 468.57 Trial Decision, para. 24.58 Trial Decision, paras. 337, 446. The “Stone Chilcotin” were also referred to as “Stick Chilcotin”.59 Trial Decision, para. 337.