Thank you.
Most of B.C. is not covered by treaties. The Nisga'a is an exception. The case that applies in B.C. is the Tsilhqot'in decision, and I'm quoting directly from the decision, where on the limitations of governmental power over lands encumbered by aboriginal title, the court says:
The right to control the land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders. ...if the Crown begins a project without consent prior to Aboriginal title being established, it may be required to cancel the project....
In that same decision it said that the duty to consult on behalf of the crown “must also be justified on the basis of a compelling and substantial public interest”. The first nations have “the right to enjoy the economic fruits of the land” and “to proactively use and manage the land."
The idea that it's just the people on the coast who are impacted by this—that have their section 35 rights impinged—is not correct because all of our partners all the way along our project will be directly impacted by a decision like this, but I think the recommendation that's been made by the Lax Kw'alaams council is essentially to establish a corridor, and the moratorium can exist below the corridor.