Appellants factum - Woodward & Company

21O. Advisory Opinion on Tsilhqot’in Aboriginal Title in the Claim Area79. Nonetheless, on the invitation of the parties, 162 the Court provided a non-bindingopinion as to the existence and extent of Tsilhqot’in Aboriginal title in the Claim Area, toassist the parties in future negotiations. 16380. The Trial Judge concluded that the evidence before him sufficed to establishAboriginal title to a substantial portion of lands in and around the Claim Area:The entire body of evidence in this case reveals village sites occupied forportions of each year. In addition, there were cultivated fields. These fields werenot cultivated in the manner expected by European settlers. Viewed from theperspective of Tsilhqot’in people the gathering of medicinal and root plants andthe harvesting of berries was accomplished in a manner that managed theseresources to insure their return for future generations. These cultivated fieldswere tied to village sites, hunting grounds and fishing sites by a network of foottrails, horse trails and watercourses that defined the seasonal rounds. 164He continued:These sites and their interconnecting links set out definite tracts of land in regularuse by Tsilhqot’in people at the time of sovereignty assertion to an extentsufficient to warrant a finding of Aboriginal title as follows:• The Tsilhqox (Chilko River) Corridor from its outlet at Tsilhqox Biny (ChilkoLake) including a corridor of at least 1 kilometre on both sides of the riverand inclusive of the river up to Gwetsilh (Siwash Bridge);• Xeni, inclusive of the entire north slope of Ts’il?os. This slope of Ts’il?osprovides the southern boundary, while the eastern shore of Tsilhqox Binymarks the western boundary. Gweqez Dzelh and Xeni Dwelh combine toprovide the northern boundary, while Tsiyi (Tsi ?Ezish Dzelh or CardiffMountain) marks the eastern boundary.• North from Xeni into Tachelach’ed to a line drawn east to west from thepoints where Elkin Creek joins the Dasiqox (Taseko River) over to NuNatase?ex on the Tsilhqox. Elkin Creek is that water course draining NabiTsi Biny (Elkin Lake), flowing northeast to the Dasiqox;162 Trial Decision, paras. 130, 686, 765, 825, 958.163Trial Decision, paras. 958-62.164 Trial Decision, para. 959 [underscore added].