A 91原创 Island First Nation is applying for permission to appeal to the Supreme Court of Canada in an effort to close down open net-pen fish farms in Broughton Archipelago.
The Kwicksutaineuk/Ah-Kwa-Mish First Nation initially launched the lawsuit based on claims of damage to wild salmon from sea lice from fish farms, but issues of deadly viruses and diseases from fish farms are now much wider, said Chief Bob Chamberlin.
"Our First Nation, that holds title, simply doesn't want this industry in our territory," he said.
However, before arguing the salmon case, the First Nation has to be granted permission to act legally as a group.
The Supreme Court of B.C. in 2010 set aside a bar on aboriginal groups or collectives joining together for a class-action suit. But the provincial and federal governments challenged the ruling, and in May it was overturned by the B.C. Court of Appeal.
The First Nation has applied to the Supreme Court of Canada for leave to appeal that decision. If leave is granted, the Supreme Court will consider whether the First Nation -- and other aboriginal collectives -- will be allowed to file class-action proceedings.
"It's like saying a class action is for everyone except First Nations people," Chamberlin said of the B.C. Court of Appeal's decision.
Lawyer Reidar Mogerman, who is representing the First Nation, said a ruling on aboriginal class-action suits must be made before the rest of the case can proceed and that decision is likely to be at least a year away.
The implications could be felt across Canada, said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. "Our First Nations across the country will be watching this case very, very closely."
However, threats to the wild salmon remain at the heart of the case, Phillip said.
"The bottom line is the wild salmon fishery is an integral part of First Nations culture and it has been for thousands of years. We will do everything in our power to ensure that legacy is left intact and we're able to pass it on to our grandchildren and grandchildren's grandchildren," he said.
Despite lack of housing and poverty issues among band members, there is agreement that this lawsuit is a priority, Chamberlin said.
"What's at risk here is the lifeblood of our people -- salmon. So no cost is too great. We are talking about food for our people for generations," he said.
Mogerman said the group wants a declaration on the legal nature of rights and titles, damages and rebuilding of the fishery by those who destroyed it.
