In December, the Supreme Court's decision on the Delgamuukw appeal confirmed that aboriginal title and rights still exist in B.C., and that First Nations who are able to prove aboriginal title to an area have the right to exclusive occupation. The provincial and federal governments have not yet issued a policy on the decicision, but for the Tsimshian negotiators, it's pretty clear what that means. Tsimshian negotiators have asked for more immediate action from their federal and provincial counterparts on interim measures for two years. In their opening remarks March 12, both federal negotiator Pauline Lamothe and chief provincial negotiator Mark Stevenson said they were willing to work on solutions on interim measures, in the wake of Delgamuukw. I think we can do that.
Interim measures are possible.
While Tsimshian chief negotiator Gerald Wesley acknowledges that the decision does increase the bargaining position of First Nations negotiating treaties in B.C., he believes it's simply another weapon in the arsenal because it just emphasizes the view taken by the Tsimshian from day one. He avoided giving the Supreme Court decision all the credit for the headway made at last week's main table session. Wesley said pressure from the community level had been mounting for more action. They've sensed a need to move in a more cooperative position. Wesley admitted that legal action over a specific area could be initiated by the Tsimshian.