Nov 16/98: Westbank man refuses toll on grounds of Delgamuukw

BC HIGHWAY TOLL DISPUTED


THEIR HOME AND NATIVE LAND

BC Report
November 16, 1998
Terry O'Neil

[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 TREATY = NO JURISDICTION
SOVEREIGNTY IS THE ISSUE, CANADA THE PROBLEM

Letters to BC Report: bcreport@axionet.com


"...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..."

- from Order in Council (Canada) of 23 January 1875

"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..."

- Dr. Bruce Clark


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