Sinixt Confederacy Files Lawsuit Against B.C. Government Over Land Rights

The Sinixt Confederacy, representing a tribe based in the United States, has initiated legal action against the provincial government of British Columbia (B.C.) for failing to consult with them on critical land and education issues. This lawsuit, announced on Wednesday, includes two constitutional challenges to be filed at the Supreme Court of B.C. in Nelson.

The confederacy, part of The Confederated Tribes of the Colville Reservation in Washington, claims that a notice from the B.C. government in March indicated it would only notify the Sinixt of decisions affecting their territory rather than engage in meaningful consultations. Traditional Sinixt territory spans north from near Kettle Falls, Washington, through the West Kootenay region to the northern tip of the Columbia River, just north of Revelstoke. This area is contested by the Cranbrook-based Ktunaxa Nation and the Syilx Okanagan Nation, the latter of which asserts it represents the Sinixt in Canada and has received backing from Premier David Eby.

Jarred-Michael Erickson, chairman of both the Sinixt Confederacy and the Colville Tribes, expressed concerns in an interview with the Nelson Star. He emphasized that the Sinixt should receive the same treatment as other Indigenous peoples in Canada, which includes involvement in discussions regarding logging, fish, wildlife, water, and archaeological matters within their ancestral lands. “We bring a lot to the table where we have a lot of knowledge, but that currently isn’t being incorporated or our concerns aren’t being met. Notification isn’t the same as consultation,” he stated, asserting the tribe’s rights as a First Nation.

The legal action follows a significant ruling from the Supreme Court of Canada in 2021, which affirmed the rights of American hunter Rick Desautel, who had been charged for hunting out of season as a non-resident. The court recognized the Sinixt as an Aboriginal people of Canada, a status that has yet to translate into formal treaty rights or recognition from the federal government.

Despite this landmark decision, the Sinixt Confederacy has reported a lack of progress. Notably, in June 2023, the provincial government excluded the Sinixt from financial compensation related to the Columbia River Treaty, which allocates approximately $6 million annually over four years to the Ktunaxa, Secwépemc, and Syilx Okanagan Nations. This exclusion is viewed by Erickson and the Sinixt as a neglect of the historical injustices stemming from the 1846 border creation that divided their territory. Most Sinixt were forced to relocate to the Colville reservation in northern Washington, and in 1956, the Canadian government controversially declared them extinct.

Erickson criticized the current treatment of the Sinixt, stating, “We’re being treated essentially as a second-class native or a second-class citizen. If you’re really looking at truth and reconciliation, we should serve as an example of how to do it right and not repeat history.”

In addition to the land rights issue, the Sinixt Confederacy is also challenging amendments to the School Act that prevent them from participating in Indigenous education councils. This exclusion is based on their lack of recognition as a First Nation under the federal Indian Act. Erickson voiced concerns that their history is not accurately represented in B.C. schools. “We want to make sure our voice is being heard, that it’s being taught in our schools the correct history from Sinixt people,” he asserted.

The Sinixt Confederacy’s lawsuit highlights ongoing challenges faced by Indigenous groups regarding consultation, representation, and acknowledgment of their rights. As the case progresses through the legal system, it underscores the need for a broader dialogue about Indigenous rights and historical recognition in Canada.