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BC Kaska Leaders Statement Re: The Supreme Court of Canada Dismissal of Leave to Appeal Applications in Treaty 8 Boundary Case. News Release

LOWER POST, BC – February 8, 2021 – The Supreme Court of Canada dismissed the applications of the Province of British Columbia and McLeod Lake Indian Band for leave to appeal the decision of the British Columbia Court of Appeal in West Moberly First Nations v. British Columbia, 2020 BCCA 138 (the “Treaty 8 Boundary Decision”). In the Treaty 8 Boundary Decision, the Court of Appeal upheld a declaration that the western boundary of Treaty 8 falls along the continental divide between the Arctic and Pacific watersheds. The case has now ended.

Kaska Leaders strongly disagree with the decision of the BC Court of Appeal but note that this decision does not affect Kaska Rights and Title within our Traditional Territory. The Appeal Court’s declaration about the western boundary is a matter of importance only to those Nations who have signed or otherwise become part of Treaty 8. This does not include the Kaska. Moreover, the Court of Appeal did not decide that Treaty 8 Nations possess or can exercise Treaty Rights within the Kaska traditional territory.

Kaska have no doubt whatsoever that Kaska Rights and Title continue to exist throughout our traditional territory as they have since time immemorial.
Danny Case, the Chair of Kaska Dena Council, stated: ...

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