Two sets of lawyers—one representing five Nuu-chah-nulth Nations, the other representing Canada—and the presiding B.C. Supreme Court Judge arrived from Vancouver to Ahousaht on Wednesday, March 9, for day 116 of the Nuu-chah-nulth justification trial.
The school gym was set up as a courtroom, and more than 100 Ahousaht community members, Ha’wiih and invited guests sat in on the proceedings.
The court had accepted the invitation of Ahousaht Tyee Ha’wilth Maquinna to come to Ahousaht for court so that they could get a first-hand feel for the village, the people, a glimpse of the fishing culture, and the challenges of getting to and from Ahousaht.
In 2009, the Nuu-chah-nulth Nations of Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht, proved their Aboriginal rights to catch and sell all species of fish (except geoduck) into the commercial marketplace.
The trial decision was followed by more than five years of legal appeals and negotiations between the Nations and DFO in an effort to accommodate the Nuu-chah-nulth Nations’ Aboriginal fishing rights. Talks went three years longer than the two-and-a-half years directed by the courts.
Failure of the negotiations has led the parties back to court in what is being called a “justification trial,” in which the court is asked to determine whether Canada’s past and on-going infringements of Nuu-chah-nulth fishing rights are justified. This phase of the trial began in B.C. Supreme Court one year ago on March 9, 2015.
In Ahousaht, Nuu-chah-nulth Ha’wiih, elected leadership and muschim gathered outside the doors of the gym and temporary courtroom at the start of the day to take part in a prayer chant and welcome song. Guests were welcomed by Maquinna’s speaker, John Webster, and by elected Chief Greg Louie.
Special guests included Ha’wiih and leadership from Nuu-chah-nulth Nations, including Clifford Charles, Thomas Rush, Georgina Amos, Les Doiron, Richard Lucas, Francis Frank, Deb Foxcroft, Ken Watts and BC Assembly of First Nations Regional Chief Shane Gottfriedson.
Inside the ‘courtroom,’ tables and microphones were set up for the judge and two sets of counsel and the witness stand where Francis Frank gave testimony under examination by the Nations’ counsel Matthew Kirchner.
Two sides of the gym were draped with Ahousaht Ha’wiih muuyapilthim (ceremonial curtains) and the Nuu-chah-nulth Council of Ha’wiih HuupuKwanum was on prominent display. Seats in the front row were reserved for Nuu-chah-nulth Ha’wiih.
Tla-o-qui-aht elected Chief Francis Frank, referred to by his preferred name, Autlieyu, was called to the stand as the last witness for the five Nations.
During Mr. Kirchner’s examination of Autlieyu, the court heard about his experience as a lead negotiator and the various elected positions Autlieyu has held. He also outlined, in part, the various levels of both traditional and contemporary Nuu-chah-nulth government structures.
In his testimony, Autlieyu described the efforts Nuu-chah-nulth-aht have made over the years to get their fishers out on the water. About how they met with DFO officials several times in an effort to have their proven Aboriginal rights (rights protected by Canada’s Constitution) to catch and sell fish implemented, but the negotiations with DFO were, for the most part, fruitless.
Court ended at noon due to concerns over the weather forecast for high winds. The big storm held off before hitting the West Coast later that afternoon and through the night.
After the trial adjourned at noon, everyone was invited to attend a wonderful seafood feast at Ahousaht’s Thunderbird Hall.
The trial will resume in Vancouver on March 11 with the continued examination of Autlieyu.
