VANCOUVER, British Columbia – After years of research and legal legwork, one of the largest aboriginal fishing cases to hit Canadian courtrooms has begun.

Hundreds of Nuu-chah-nulth traveled from their remote villages on the west coast of Vancouver Island to witness the opening statements, along with First Nations leaders from throughout British Columbia and Washington state.

Chiefs draped in cedar capes lined with sea otter fur stood atop the courthouse steps, adding their voices to the singing of the Nuu-chah-nulth anthem before filing into British Columbia Supreme Court on April 24.

“As you can see, the Nuu-chah-nulth system of government, Ha’wilth Pa’tuk, is still very strong,” said Ahousaht ha’wiih (Chief) and Assembly of First Nations’ British Columbia Regional Chief Shawn Atleo.

“We have been struggling for our rightful place on the west coast of Vancouver Island after being dispossessed of our land and resources,” Atleo said to the large crowd gathered on the steps of the Vancouver Law Courts.

“This case is about so much more than fish. This case is our attempt to pursue reconciliation, and doing everything we can through peaceful means to reconcile with the federal and provincial governments. We know who we are and where we come from, and as my late grandfather always used to say to us, ‘We cannot let it go.’”

The Nuu-chah-nulth first welcomed Europeans to what is now the coast of British Columbia in the 1770s.

Early explorers such as Juan Perez and Capt. James Cook depended on fish purchased from Nuu-chah-nulth to re-supply their vessels, and they noted the well-established system of government, ownership and trading economies in place.

A century later, Indian agents employed to map out Indian reservations along the coast noted the Nuu-chah-nulth’s heavy reliance on ocean resources, giving them some of the smallest land bases on the coast.

Over the next century, aboriginal access to sea resources were systematically eroded to the point where very few people are allowed to fish for salmon, halibut or any other fish, shellfish or sea mammal species today.

“This is not about establishing our rights; this is about forcing the government to properly recognize and respect our Ha’wiih, their hahoulthee [chief ’s territory] and the ownership of resources that have been in place since time began,” said Nuu-chah-nulth Tribal Council President Francis Frank, who thanked the Coast Salish nations for allowing Nuu-chah-nulth into their territory to “fight this war.”

“It’s become a crime for our people to do what they’ve done for thousands and thousands of years,” said Grand Chief Doug Kelly, of the Sto:lo Nation, and member of the British Columbia First Nations Summit executive.

“It’s a damn shame that we have to come to this courthouse time after time to prove our right, to prove our title, to prove our history, and to earn the respect of the government,” he said.

“The honor of the Nuu-chah-nulth people, their government, and their rights are not what is in question here,” said Grand Chief Ed John, from the Tl’atz’en Nation, and British Columbia First Nations Summit executive.

“It is the honor of the [British] Crown that is in question here, and the struggle that you are fighting is one that we all share, and we are with you in your fight for justice and recognition,” he said.

The first phase of the trial will focus on opening statements from lawyers representing Nuu-chah-nulth, the government of Canada and the government of British Columbia.

Numerous Nuu-chah-nulth elders, chiefs and leaders, and anthropologist and expert witness Barbara Lane, will take the stand. Lane’s testimony proved critical in the 1973 Boldt decision in Washington state, which resulted in the American tribes receiving half of all commercially allocated fisheries.

In his opening statements to Supreme Court Justice Madame Nicole Garson, lawyer for the Nuu-chah-nulth, John Rich, laid out the 107 points of the Nuu-chah-nulth arguments and said: “This case is about fishing and reconciliation. Fishing resources on the west coast of Vancouver Island, once owned by the Nuu-chah-nulth and fundamental to their culture, are now almost entirely allocated to others. This case is about the plaintiffs’ right to fish, the right to sell fish and be fishing people as they’ve always been.

“One hundred years of regulations have diminished Nuu-chah-nulth access to their traditional livelihoods of fishing, and government indifference to the rights of the Nuu-chah-nulth people cannot continue. The Crown has a duty to provide substantive access to fisheries resources. This is not just a plea for social justice; reconciliation is not just a political objective, it is a necessary reality,” Rich said.

Similar to a traditional potlatch, the Ha’wiih sat along the front row of the courtroom gallery. Some wore traditional woven hats, which was allowed by the judge after she was informed about the traditional importance and meaning of the hats.

“We don’t want our resources shipped to China anymore. We want our resources left right where they are,” said elder Barney Williams Sr. “No one can tell us what to do with our resources and territories except for our Ha’wiih. We will be successful,” he said.

The case is expected to take years to wind through the courts and will likely end up at the Supreme Court of Canada.

Diane Lake, a spokesman for Fisheries and Oceans Canada, wouldn’t comment on the specifics of the Nuu-chah-nulth case, but was quoted in the Vancouver Sun as saying: “the court will be considering questions of law, which to date have not been considered in Canada, such as aboriginal title to seabed.”

John Hunter, legal representative for British Columbia, agreed that aboriginal title over water raises significant legal questions.

“The plaintiffs will present evidence that the various participants in this case had at least some sort of control over these waters prior to contact. The plaintiffs will have to prove that fishing various species was integral to their distinct culture,” he said.

“This case is about our inherent right to fish, and our right to catch, sell and participate in a fishing economy,” said NTC Vice President Michelle Corfield. “It is based on 10,000 years of traditional knowledge and our use and occupation. This is where our origin stories originate from. This is our livelihood. Fishing is about who Nuu-chah-nulth are in all contexts – cultural, spiritual, economic and social.”