Court action continues against historic treaty

[Nisga'a Treaty Challenged]

"The Nisga'a Treaty remains fully in force, and the Nisga'a Nation as well as the federal and provincial governments will defend the validity of the Treaty when the litigation resumes in the British Columbia Supreme Court." Nelson Leeson,
President of the Nisga'a Nation. ( see below * , the news release from the NISGA'A LISIMS GOVERNMENT )


October 9. 2007

A thorny issue, a legal challenge that Nisga'a' officials would like to see disappear, has had new life breathed into it, by a decision of the BC Court of Appeal.

Members of the Nisga'a nation, a few who have spent years battling the historic treaty, have won the right to continue their fight in the BC Supreme Court . . . the same court that two years ago tossed out their challenge.

Now, the Court of Appeal has reinstated their legal challenge, saying the decision to dismiss the case was too harsh a penalty for not fully complying with demands to provide more particulars about their challenge . . .
http://www.courts.gov.bc.ca/Jdb-txt/CA/ ... CA0483.htm
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Nisga'a Nation will continue to defend Nisga'a Treaty

VANCOUVER, Oct. 9, 2007

Nelson Leeson, President of the Nisga'a Nation, reacted to today's ruling of the British Columbia Court of Appeal, which overturned the dismissal of litigation challenging the Nisga'a Treaty brought by a small group of Nisga'a citizens, by expressing the resolve of the Nisga'a Nation to defend the Treaty.

The case had been dismissed in 2005 by the British Columbia Supreme Court because the plaintiffs had failed to comply with orders of the Court in
respect of pre-trial procedures.

Today's ruling does not address the substance of the Nisga'a Treaty, but merely makes it possible for the plaintiffs to resume their challenge in the
British Columbia Supreme Court.

"We are fully prepared to defend the constitutionality of our Treaty, as
we have previously done, and we are confident that the Nisga'a Treaty will
withstand this legal challenge. At the same time we would rather get on with
living our lives under the Treaty than continue with lengthy and expensive
litigation", said President Leeson.

Contrary to statements made by the plaintiffs, under the Nisga'a Treaty
every Nisga'a person has the right to be a Nisga'a citizen.

The Nisga'a Treaty remains fully in force, and the Nisga'a Nation as well as the federal and provincial governments will defend the validity of the Treaty when the litigation resumes in the British Columbia Supreme Court.

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For further information:
Nelson Leeson,
President of the Nisga'a Nation,
(250) 633-3002