[S.I.S.I.S. note: The following article from the right-wing magazine BC Report may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.]
The Provincial government needs every penny it can lay its hands on, but it won't be getting $10 from Patrick Fosberry, a 52-year-old member of the Westbank Indian band. Claiming that the Delgamuukw decision gives native Indians title to all BC, Mr. Fosberry refused to pay the toll on the Coquihalla Highway one day last year. The RCMP ticketed him, but Mr. Fosberry took the matter to Provincial Court. Last month a judge ruled in Mr. Fosberry's favour, citing a technical error committed by the Mounties.
"...no surrender or cession of their territorial rights, whether the same
be of a legal or equitable nature, has been ever executed by the Indian
tribes of the Province - that they allege that the reservations of land
made by the Government for their use have been arbitrarily so made, and are
totally inadequate to their support and requirements, and without their
assent - that they are not averse to hostilities in order to enforce rights
which it is impossible to deny them..."
"The Order in Council (Canada) of 23 January 1875 affirmed that the
application of Provincial public land law to territory not yet 'ceded to or
purchased by Us' [a reference to the Royal Proclamation of 1763] continues to be
unconstitutional..."