Despite ‘Strong and Compelling ‘ evidence of Serious Prejudice to the Gitanyow Hereditary Chiefs, the B.C. Supreme Court granted an Adjournment of the Gitanyow’s title case pending the outcome of appeals of Chief Darlene Simpson (Skiik’m Lax Ha) of the “Tsetsaut/Skiik’m Lax Ha” ( (TSKLH) and the Nisga’a Lisims Government (NLG). The request for a ‘stay’ or a complete halt of the title case was dismissed.
(May 17, 2025) After two adjournments within a year of the Gitanyow Title case, all of which were opposed by the Gitanyow Hereditary Chiefs, Justice Stephens of the B.C. Supreme Court granted a further adjournment pending the ruling of the Supreme Court of Canada on Chief Darlene Simpson of the Tsetsaut/Skiii Lax Ha and the Nisga’a Lisims Government. The Nisga’a are seeking to be a party and TSKLH despite already being a party are seeking to be a Third Party, which means that they can advance their title case within the Gitanyow’s title case. Both appeals will be heard together sometime in the fall. Chief Simpson sought the adjournment to delay the trial. Chief Darlene Simpson had previously asked for a one-year adjournment in December 2024, even though her lawyers assured the trial judge in June 2024 that she would not delay the trial then scheduled for October 2024. The NLG did not ask for a postponement of the trial.
The Nisga’a in their Calder case never claimed Gitanyow territory in1969 and Skiik’m Laxhaa’s predecessor, did not claim the Gitanyow Lax’yip in his title cases in Delgamuukw in1984. In fact, Chief Simpson’s late grandmother, Wii Goob’l and her mother, confirmed that the Skiik’m Lax ha territory was outside the Gitanyow Lax’yip both in court and in joint feasts with Gitanyow and Nisga’a chiefs. In Delgamuukw, there was extensive evidence of Gitanyow proof ownership embedded in their ayuuk (traditional law, oral histories, etc). To view the expanding map of Gitanyow Lax’ yip and historical evidence click here.
Chief Simpson now seeks a 932% increase in the territory claimed by her predecessor Johnny Wilson. His claim was confirmed by adaawk (oral history) given by her own grandmother, the late Jessie Sterritt.
The Gitanyow have sought recognition of their title since 1910 when their then President, Albert Williams, petitioned Prime Minister Wilfred Laurier to “recognize our title and then we will work together to share the wealth.”
When they were ignored by the governments of Canada, and even had their chiefs imprisoned at Oakalla in 1927, the Gitanyow first sought court affirmation of their title and rights in their title case filed with the Exchequer of Canada on December 29th, 1935. Their petition included: petition against any law which leads to the non-recognition of Kitwancool land rights, determine the extent, validity and nature of Kitwancool land rights, whether said rights were extinguished or not, if so by what process, and, if it had never been extinguished, what is the nature of the B.C. government’s authority administering their laws on Kitwancool land.
The Gitanyow title case was rejected and dismissed, as Indigenous people in Canada were not allowed to hire lawyers and it was illegal. Ninety years later, the Gitanyow have suffered another setback to have their title case start on May 28, 2025, which was set for 131 days. Chief Simpson, supported by Canada and British Columbia, fought for this adjournment and Gitanyow strongly opposed any further delay. Justice Stephens recognized that an adjournment would prejudice the Gitanyow and was not in the spirit of reconciliation. However, he appeared to feel compelled that if he denied the adjournment, the Defendants, B.C., Canada and Skiik’m Laxhaa, would appeal or ask the Supreme Court of Canada to stay the case. In short, his hands were tied by the Supreme Court’s decision to hear Chief Simpson’s appeal.
Lead plaintiff Malii (Glen Williams) has stated: “We will continue to be ready to present our compelling evidence that will exceed the required proof of our ownership to the entire Lax’yip. The Gitxsan other than Chief Simpson support our claim to our entire Lax’yip. The Nisga’a have never provided a speck of evidence to challenge our ownership right to this day though we have asked for that evidence since the early 1980’s.
We will show that the date of sovereignty was NOT 1846 in the Gitanyow Lax’yip as the Crown had no idea of our territory until decades later.”
Malii further adds: “A possible up to a year delay is extremely disappointing, but we will explore every legal angle to defend our entire Lax’yip in the courts and on our Lax’ yip. We are not willing to let any defendant in our case take advantage of this delay to remove or exploit our lands and resources while we await the Supreme Court decision.”
Malii Glen Williams
Simogyet Gitanyow
Gitanyow Hereditary Chiefs
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