Appellants factum - Woodward & Company

19This commemorative plaque has been raised to honour those who lost their livesin defence of the territory and the traditional way of life of the Tsilhqot'in and toexpress the inconsolable grief that has been collectively experienced at theinjustice the Tsilhqot'in perceive was done to their chiefs. 148M. The Trial Decision – Overview69. The Trial Judge rendered his decision on November 20, 2007.70. The Trial Judge found that the Tsilhqot’in people are a distinct Aboriginal groupthat has occupied the Claim Area for centuries. 149 He held that the Tsilhqot’in Nation isthe proper rights-holder for Aboriginal rights and Aboriginal title and that sub-groups ofthe Tsilhqot’in Nation derive their rights and interests as Tsilhqot’in peoples. 15071. The Trial Judge held that the Tsilhqot’in people have an Aboriginal right to huntand trap birds and animals throughout the Claim Area for the purposes of securinganimals for work and transportation, food, clothing, shelter, mats, blankets and crafts, aswell as for spiritual, ceremonial, and cultural uses. This right is inclusive of a right tocapture and use horses for transportation and work. 151 He further affirmed a Tsilhqot’inAboriginal right to trade in skins and pelts as a means of securing a moderatelivelihood. 15272. The Trial Judge held that Tsilhqot’in people have continuously exercised theserights throughout the Claim Area from before contact in 1793 to the present day. 15373. The Trial Judge held that land use planning and forestry activities haveunjustifiably infringed Tsilhqot’in Aboriginal rights. 15474. The Trial Judge further opined that the evidence established Aboriginal title tocertain portions of the Claim Area, but held that he was not able to make a formal148 Trial Decision, para. 331 [underscore added].149 Trial Decision, paras. 218, 437-72, 625, 1267-68.150 Trial Decision, para. 470 [underscore added].151 Trial Decision, paras. 1239-41.152Trial Decision, para. 1256.153 Trial Decision, paras. 1267-68.154Trial Decision, paras. 1276-1301.