Prince George, B.C. –  In the wake of the Tsilhqot’in  decision,  a court challenge has now been launched by the Gitxaala First Nation out of Kitkatla on the North Coast.

The Gitxaala  are  challenging the Harper Government’s decision to  allow the Northern Gateway pipeline project to proceed.

Gitxaala has asked the Federal Court of Appeal to consider how the Northern Gateway Project infringes its aboriginal rights, including title, and how Canada failed to provide reasonable consultation and accommodation regarding Gitxaala's aboriginal rights and title before approving the Project. Among the errors identified by Gitxaala in the Motion, is the Federal Government's reliance on the report of the Joint Review Panel (JRP), which Gitxaala has challenged in the courts as being unlawful and unreasonable.

In a news release issued this afternoon,  Acting Chief  Clarence Innis is quoted as saying "We played by Canada's rules, but all of our concerns were ignored by both the JRP and Cabinet. Reconciliation of Gitxaala's rights was not considered or addressed in the decision-making process even though our community bears many of the grave risks associated with this Project."

The Gitxaala says if the project proceeds, huge oil tankers would travel through traditional Gitxaala harvesting territory, which provides 80 per cent of their food.

"Canada has violated its own constitution," said Acting Chief Innis, "Section 35 of the constitution says the federal government cannot infringe aboriginal rights without justification, and has a duty to consult with First Nations with a view to preserving their rights."

He added that Gitxaala have been in the territory for thousands of years and will strongly defend their rights and title. "We're in it for the long haul.”