Appellants factum - Woodward & Company

OPENING STATEMENT1. The Tsilhqot’in Nation seeks a declaration of Aboriginal Title to the heartland ofits traditional territory.2. The Tsilhqot’in people have always defended their homeland. From pre-contacttimes to the present they have challenged those who threatened their territory. Thepresent litigation was provoked by threatened forestry activity. Those who stood in theway of bridge construction at Henry’s Crossing, and those who came before Mr. JusticeVickers to give evidence about their continued protection of their land, see themselvesengaged in another historic struggle to protect their lands and culture.3. The land which is the subject matter of this litigation is in one of the most remoteparts of British Columbia. Many of its inhabitants still speak Tsilhqot’in as their firstlanguage. It is precisely because of this remoteness, and the steadfast protection bythe Tsilhqot’in of their traditional lands, that a vibrant Tsilhqot’in culture survives to thisday.4. In this case, on an impressive evidentiary record, the Tsilhqot’in people provedthat they hold Aboriginal title to the heartland of their traditional territory. This proventitle area represents only about 2% of their larger traditional territory. The proven titlearea represents about forty per cent of the area claimed at trial. 25. Although the Chilcotin War took place 146 years ago, the Tsilhqot’in people,including the witnesses who gave evidence at trial, speak of the events surrounding thatwar as if they were current. The mistreatment of their ancestors who were protectingtheir territory has caused deep wounds that remain fresh in the hearts and minds of theTsilhqot’in.2 For reference, see the visual aid attached as Appendix “B”.