Appellants factum - Woodward & Company

7Nemiah Valley began in December 2000. Electricity from the public grid has not arrivedin the Valley and the entire community relies upon generators for power. 60E. The Claim Area27. The Claim Area consists of Tachelach’ed and the Trapline Territory. These twoareas are delineated on Map 2, included in Appendix A to the Reasons for Judgment. 61Map 3 locates Tsilhqot'in sites inside and outside the Claim Area. 6228. The Claim Area excludes Indian Reserves. 63 The Trial Judge further excludedprivate lands and submerged lands from the relief sought by the Plaintiff, on thegrounds that no infringements to private or submerged lands had been pleaded. 64 ThePlaintiff/Appellant does not appeal from that ruling. Accordingly, private lands andsubmerged lands in the Claim Area are not at issue in this proceeding.29. The boundaries of the Claim Area are “artificial” in the sense that, for example,“[n]o one would suggest that the resource harvesting activities of Tsilhqot’in people everstopped at the rivers” that mark the defined boundaries of Tachelach’ed. 65 Tsilhqot’inpeople used some lands as intensively outside the Claim Area boundaries as inside. 6630. However, as recognized by the Trial Judge, the Plaintiff was required to postulateartificial boundaries to advance his claim, even if these boundaries carried littlerelevance for the Tsilhqot’in. 67 The boundaries of the Claim Area crystallized inresponse to the threat of logging; first in the Trapline Territory and then in Tachelach’ed.Defined in this manner, the Claim Area offered “convenient boundaries” of relevance tocontemporary survival. 6860 Trial Decision, para. 339.61 Trial Decision, para. 46, Appendix A, Map 2.62 Trial Decision, paras. 46, 650, Appendix A, Map 3.63 Trial Decision, paras. 44-45.64 Trial Decision, paras. 991-93, 1000, 1051-52.65 Trial Decision, para. 641.66 Trial Decision, para. 642, 643-44, 950, 958.67 Trial Decision, para. 645-46, 648-49.68 Trial Decision, para. 645.