Question Period Note: Litigation – Nisga’a Nation and Tsetsaut/Skii km Lax Ha Nations’ Supreme Court of Canada Appeals in the Malii / Gitanyow Aboriginal Rights and Title Litigation

N.A.

• The appeals filed by the Nisga’a and Tsetsaut/Skii km Lax Ha (TSKLH) Nations will clarify how Indigenous groups can take part in litigation where modern treaty rights and Aboriginal rights overlap.
• A copy of Canada’s written arguments is available on the Court’s website.
• Canada agrees with Nisga’a Nation’s interpretation of the Nisga’a Treaty as it relates to their rights to take part in this litigation.

The Malii action is a claim for Aboriginal rights and title brought by the Gitanyow Hereditary Chiefs in B.C. On December 8 and 9, 2025, the Supreme Court of Canada (SCC) will hear two appeals in this case, brought by Nisga’a Nation and Tsetsaut/Skii km Lax Ha Nation.
The Plaintiffs claim approximately 6,200km2 of territory in the mid Nass River watershed in Northwestern BC. The Gitanyow Nations claimed territory overlaps significantly with the Nass Area and Nass Wildlife Area and slightly with Nisga’a Lands, as these areas are described in the Nisga’a Final Agreement.
The trial in this case was scheduled to begin on May 5, 2025, but has been adjourned to allow the Supreme Court of Canada (SCC) appeals brought by Nisga'a and Tsetsaut Skii km Lax Ha Nation to proceed. On April 24, 2025, the SCC agreed to hear the cases brought by the Nisga’a Nation and the Tsetsaut Skii km Lax Ha Nation in the Malii litigation.
Nisga’a Nation Application
On May 31, 2023, the Nisga’a Nation brought an Application seeking an order to be added as a defendant to the Malii action. Canada took no position on the Application. The Application was heard on September 27, 2023.
On January 17, 2024, the BC Supreme Court released its decision and declined to add Nisga’a Nation as a defendant. Nisga’a Nation appealed the decision, with the support of Canada and BC, and on August 28, 2024, the decision was upheld by the BC Court of Appeal. On October 25, 2024, the Nisga’a Nation filed an Application for Leave to Appeal to the Supreme Court of Canada.
Tsetsaut / Skii km Lax Ha Nation (TSKLH) Application
On June 22, 2022, Tsetsaut / Skii km Lax Ha Nation (TSKLH) brought a revised application seeking an order to be added as a defendant to the Malii action and permission to file a Third Party-Notice naming Canada and British Columbia as third-parties in the TSKLH’s own claim for Aboriginal rights and title. Canada took no position on the TSKLH application.
On August 7, 2024, the BC Supreme Court granted TSKLH’s application to be added as a defendant and for leave to file a third-party notice against Canada and BC. Gitanyow appealed the decision. Canada did not appeal and took no position.
On December 5, 2024, the BC Court of Appeal released its decision allowing Gitanyow’s appeal in part. The Court dismissed Gitanyow’s appeal of the decision to add TSKLH as a defendant, so TSKLH will remain as a defendant. However, the Court decided against allowing TSKLH to file a Third Party Notice, so the third party claim against Canada and BC will not proceed. TSKLH sought leave to appeal to the SCC. Gitanyow has brought a cross-appeal challenging TSKLH’s right to appear as a defendant in the litigation.
Tsetsaut / Skii km Lax Ha Nation (TSKLH) is not recognized as a Section 35 rights holder and the Government does not have a formal relationship or a negotiation table with them.

If pressed on concerns of private landholders
• These appeals do not engage matters involving private landholders.
• The Government of Canada is committed to maintaining legal clarity and stability in land ownership while respecting Aboriginal rights and title, and the Court process. If pressed on the Malii / Gitanyow Trial
• The Malii action is a claim for Aboriginal rights and title brought by the Gitanyow Hereditary Chiefs in B.C.
• In this case, the Gitanyow Nation claims approximately 6,200km2 of territory in Northwestern BC.
• The Gitanyow Nation’s claimed territory overlaps slightly with Nisga’a Lands, as described in the Nisga’a Final Agreement.
• The Malii trial in this case has been adjourned indefinitely to allow the Supreme Court of Canada (SCC) appeals brought by Nisga'a and Tsetsaut Skii km Lax Ha Nation to proceed.