Key Case
Gitanyow Aboriginal Title Action
Phillips Barristers act as co-counsel for the Gitanyow Hereditary Chiefs in Malii v. Canada, a landmark claim seeking judicial recognition of Aboriginal title over approximately 6,200 square kilometres of ancestral, unceded territory in northwestern British Columbia. This territory, known as the Gitanyow Lax’yip, encompasses the mid-Nass River and Kitwanga River watersheds and includes the land, minerals, inland waters, airspace, and all associated natural resources.
The Gitanyow are an Aboriginal people within the meaning of section 35(1) of the Constitution Act, 1982. Through their Hereditary Chiefs, they assert existing Aboriginal title based on their longstanding and exclusive use, occupation, and governance of the Lax’yip. Their relationship to the territory is governed by Gitanyow Ayookxw, a system of Indigenous law that regulates social organization, territorial ownership, and the resolution of disputes.
Gitanyow society is structured through a house (Wilp) system, which forms the foundation of their legal order and governs the ownership, stewardship, and authority exercised over the Lax’yip. The Gitanyow have continuously defended their title and jurisdiction, including in response to colonial encroachment and government regulation of lands and resources within their territory.
Phillips Barristers successfully advocated for the Court to recognize the importance of protecting culturally sensitive and sacred Gitanyow knowledge in light of open court principles. A publication ban, protective order and sealing order have been granted to ensure that certain evidence, including aspects of Gitanyow law and oral history, is protected from public disclosure in accordance with Gitanyow legal traditions.
Phillips Barristers is co-counsel on this important case alongside Peter R. Grant, Diane Soroka, David Schulze and his associates at Dionne Schulze, and David Kalmakoff.
A lengthy trial was scheduled to begin on May 5, 2025. However, on April 24, 2025, the Supreme Court of Canada granted leave to appeal on two procedural issues relating to the participation of additional parties, resulting in an adjournment of the trial pending the Court’s decision. The Supreme Court’s decision is likely to be released sometime in 2026.
For further analysis of the issues before the Supreme Court, please visit the firm’s article.
The trial will be rescheduled following the Supreme Court of Canada’s judgment on the pending appeals.