Appellants factum - Woodward & Company

22• On the west, from Xeni across Tsilhqox Biny to Ch’a Biny and then over tothe point on Talhiqox Biny (Tatlayoko Lake) where the Western Traplineboundary touches the lake at the southeast shore, then following theboundary of the Western Trapline so as to include Gwedzin Biny (CochinLake);• On the east from Xeni following the Dasiqox north to where it is joined byElkin Creek; and• With a northern boundary from Gwedzin Biny in a straight line to includethe area north of Naghatalhchoz Biny (Big Eagle Lake or Chelquoit Lake)to Nu Natase?ex on the Tsilhqox where it joins the northern boundary ofTachelach’ed over to the Dasiqox at Elkin Creek. 165(collectively, the “Proven Title Area”)81. The Trial Judge described the core importance of the Proven Title Area for the“cultural security and continuity” 166 of the Tsilhqot’in people:The foregoing describes a tract of land mostly within the Claim Area but notentirely. It is an area that was occupied by Tsilhqot’in people at the time ofsovereignty assertion to a degree sufficient to warrant a finding of Tsilhqot’inAboriginal title land from three perspectives. First, there are village sites as Ihave discussed earlier. Second, there are cultivated fields, cultivated from theTsilhqot’in perspective. These were the valleys and slopes of the transition zoneused and managed by Tsilhqot’in people for generations that provided them withroot plants, medicines and berries. Third, by a well defined network of trails andwaterways, Tsilhqot’in people occupied and used the land, the rivers, the lakes,and the many trails as definite tracts of land on a regular basis for the hunting,trapping, fishing and gathering. This is the land over which they heldexclusionary rights of control: Marshall; Bernard at para. 77. This was the landthat provided security and continuity for Tsilhqot’in people at the time ofsovereignty assertion. 16782. The Trial Judge confirmed that the Proven Title Area does not includeoverlapping territory with any other First Nations. 168165 Trial Decision, para. 959 [underscore added].166 Trial Decision, para. 960.167 Trial Decision, para. 960.168 Trial Decision, para. 938.