Apr 30, 2010

2005 Moratorium Declaration

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Tahltan Moratorium Heats Up The Northwest

These words, in a statement issued by the Elders of the Tahltan Nation last week, have sparked controversy in BC's northwest, where big energy companies like Shell thought they were going to get a virtually free ride, thanks to agreements they were negotiating privately with some members of the Tahltan who lacked the authority to speak for the Nation's traditional territory.

The story is another example of the BC government being only too willing to avoid its consultation responsibilities, handing them off to companies that claim they have agreements with the First Nations. As the recent Haida case makes clear, the government has a much greater responsibility than that. Its failure to properly consult and accommodate the Tahltan people has forced the Elders to take this unusual step.

As recent media coverage such as today's Tyee story indicates, the Tahltan Elders are becoming active. They have occupied the Telegraph Creek band office, making the point that the chief elected under the Indian Act, whose authority only extends to the boundary of the Indian Reserve, is not acting on behalf of the people. And they've declared a moratorium on development until proper consultation and accommodation can begin. Their statement puts all the companies pushing major development proects in the region on notice that they don't have the legal right to start operations.

Read More Here: Dogwood Initiative 
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