Appellants factum - Woodward & Company

31clear from British Columbia’s Amended Statement of Defence. After denying that theTsilhqot’in Nation exclusively occupied Tachelach’ed or the Trapline Territory, BritishColumbia pleaded in the alternative:… if the Aboriginal activities that may have been practiced by the AncestralTsilhqot’in Groups constituted occupation establishing Aboriginal title to anyportions of the Brittany or Trapline Territory, such occupation did not extend tothe whole of the Brittany or the Trapline Territory, but only to limited portionsthereof and put the Plaintiff to the strict proof of the location and extent of suchlimited portions; … 205108. In Response to Demands for Particulars, British Columbia confirmed its view that“the details of the actual occupation of portions of the Brittany and the Trapline Territoryare matters of evidence” 206and that the Plaintiff bore the burden of proving “theallegation that the Tsilhqot’in occupied lands as alleged or at all”. 207109. The trial was conducted for over 300 days on this basis. The Plaintiff lednumerous witnesses to establish the nature, extent and intensity of Tsilhqot’inoccupation and control of the lands in the Claim Area – and the Defendants rigorouslycross-examined on these same issues.110. The Trial Judge himself repeatedly described the nature of the litigation in theseexact terms. For example, on an interlocutory motion decided shortly after the start oftrial, he noted that “these proceedings raise for determination the existence and extentof [Aboriginal] title in the claim areas”. 208205 British Columbia, Amended Statement of Defence, para. 12(c) [underscore added]; Trial Decision, para. 121.Canada filed a pro forma Statement of Defence and Amended Statement of Defence.206 Reply of the Defendants, Her Majesty the Queen in Right of the Province of British Columbia and the RegionalManager of the Cariboo Forest Region to the Plaintiff’s Demand for Particulars dated 14 November 2002, Responseto Demand #3.207 Reply of the Defendants, Her Majesty the Queen in Right of the Province of British Columbia and the RegionalManager of the Cariboo Forest Region to the Plaintiff’s Demand for Particulars dated July 4, 2003, Response toDemand #5.208 William v. British Columbia, 2002 BCSC 1904, [2002] B.C.J. No. 3366, para. 30 [underscore added].