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They cite the recent high court ruling in Tsilhqot’in v. British Columbia.

“It’s given us a bit of confidence that things are going to be going our way,” said Clarence Innis, acting chief of the Gitxaala. “I think that is a very strong message to Canada … not to ignore First Nations any more but to consult.”

The court application argues that the federal Conservative cabinet did not consider the Gitxaala’s aboriginal rights and title in approving the oil pipeline proposed by Calgary-based Enbridge. The Tsilhqot’in decision bolsters their case, said Rosanne Kyle, the band’s lawyer.

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“The Northern Gateway project is going to be the first case where the implications of Tsilhqot’in will crystallize,” she said. “The court has provided a lot more clarity for everyone involved, including government, as to what needs to be done to achieve reconciliation.”

About 250 kilometres northeast of the Gitxaala, the Gitxsan have given companies operating on their land until Aug. 4 to leave the 33,000 square kilometres of their territory along the Skeena River.

Because the band was not consulted by government, the companies the governments licensed are trespassing, said Gwaans Bev Clifton Percival, chief negotiator for the Gitxsan.

“The Supreme Court has come down with yet another ruling that advances our right and title,” she said. “They (government) have to abide by the laws. We’re prepared to negotiate.”

It was Gitxsan hereditary chief Delgamuukw whose 1997 legal victory recognized aboriginal title to unceded land in B.C.