The Yaqan Nukiy will be allowed to provide submissions in a pair of lawsuits the Sinixt Confederacy has brought against the provincial government.
It was one of several pre-trial decisions delivered this morning in Nelson Supreme Court by Justice Lindsay Lyster, which also included consolidating the cases and tentatively scheduling the trial for close to a year from now.
The Sinixt Confederacy is based in Washington state, where most of their members live, although most of their traditional territory is in BC. They are suing the provincial government to be consulted over decisions that affect them, rather than just informed of those decisions. They are also seeking seats on Indigneous education councils. The case is expected to flesh out a landmark 2021 Supreme Court of Canada decision that ruled the Sinixt (also known as the Lakes Tribe) are aboriginal people of Canada, with a right to hunt in BC.
The Yaqan Nukiy, who are based near Creston and also known as the Lower Kootenay Band, say their territory overlaps with the Sinixt. They argued last month that while neither lawsuit involves aboriginal title, rulings in the cases could affect their interests. They’re also concerned if the Sinixt obtain a right to sit on education councils, it may dilute the Yaqan Nukiy voice and role on those bodies. They sought intervenor status in both cases, arguing both a direct and public interest.
In granting their request, Lyster said the Yaqan Nukiy “have a direct interest in the outcome of the education action. I am also satisfied they have established a public interest that justifies their intervention in both actions.”
Lyster said the Yaqan Nukiy offer a perspective that is “clearly different” than what will be provided by the Sinixt or the provincial government. She said she was also satisfied the Yaqan Nukiy are not trying to expand the scope of the case.
“Ultimately, I conclude the proposed intervention in both cases will be of assistance to the court,” she said.
Lyster then turned to the province’s application to hear both cases together. The education case had been tentatively set to start in mid-September, but last month Lyster granted an application by the province to adjourn the matter.
If the cases proceeded separately, the province said the education component could take place over five days in February or March 2027, but if they were consolidated, both cases could be heard over 15 days in June or July 2027. The Sinixt opposed the consolidation, because it would mean delaying the education case.
Lyster said while the issues in the two cases aren’t identical, “there is some overlap,” and having both actions heard together could avoid “unnecessary complications.” She said the parties in both cases are the same and consolidation would likely save time and money.
“The similarities are more than superficial,” she said. “Both require the court to consider the history of the Sinixt and their displacement from Canada and other issues related to their rights as an aboriginal peoples of Canada.”
Lyster said she was satisfied that the “efficiences created by consolidation” outweigh the drawbacks, and added that hearing both cases at once eliminated the possibility of inconsistent results in separate judgements.
She ordered that a 15-day trial be scheduled for July 2027 or soon afterward. The parties were also ordered to complete document disclosure by Nov. 16. Lyster ruled on 15 requests from the government for the Sinixt to produce various documents, agreeing to some and rejecting others.
