No Canada or Tahltan Overstep?

No Canada or Tahltan Overstep?


Chad Norman Day for all intensive purposes has declared that Canada is no longer a legal entity, or for that matter the Province of British Columbia. In all probability he has no clue that his actions and words equate to exactly this declaration.


Chad Norman Day is President of the Tahltan Central Government, he is also not alone in this modern day “Its my land” era of aboriginal rights. Chad does not recognize the existence of crown land, in his eyes its Tahltan land and in effect considers Tahltan the only lawmakers on their claimed territory. The Tahltan are laying claim to about 93,500 km2 of land, while officially they only hold a small amount of land (Indian Reserves) meaning where their villages have always been, the government of Canada mapped out land that is officially theirs to live on and govern within the framework of Canadian law. Let’s put the same information another way, Chad and the Tahltan want the government of Canada, and the government of British Columbia to hand over 93,500 km2 of land to them, because in their opinion its already theirs. No need for negotiations, no need to go to court, we said it therefore it is, period.


As a matter of fact, they are already taking ownership of it and giving the boot to anyone else using the land without both their consent and or paying them to be on crown land via eviction notices. They  are also ordering a television network to stop airing a program filmed on land he wants title to, I refer to the reality show “Jade Fever”.



Currently the Tahltan own 24.38 km2 of land, and wish to expand that to 93,500 km2 of land without having to negotiate for any of it.



Indian Reserves under the administration of the Tahltan First Nation are:

  • Classy Creek IR No.8, 1 mile south of Mincho Lake, 5 miles north of the confluence of Classy Creek and the Tuya River, 259 ha. 58°11′00″N 130°48′00″W
  • Dease Lake IR No.9, near south end of Dease Lake, opposite the settlement of Dease Lake, 129.50 ha. 58°28′00″N 130°02′00″W
  • Guhthe Tah IR No.12, 30.40 ha. 57°54′14″N 131°10′35″W[7]
  • Hiusta’s Meadow IR No.2, 3 miles north of the confluence of the Tahltan and Stikine Rivers, 16.20 ha.58°03′00″N 130°56′00″W
  • Salmon Creek IR No.3, 1 mile west of Hatchau Lake on the Hackett River, 129.50 ha. 58°11′00″N 131°38′00″W
  • Tahtlan IR No.1, on the right bank of the Stikine River at the mouth of the Tahltan River. 151.70 ha. 58°01′00″N 130°59′00″W
  • Tahtlan IR No.10, 1 mile north of the confluence of the Klastline River and Stikine River, 259.40 58°04′00″N 130°47′00″W
  • Tahltan Forks IR No.5, at the forks of the Tahltan River, 3 miles east of Saloon Lake, 19.30 ha. 58°07′00″N 131°20′00″W
  • Tatcho Creek IR. No.11, on right bank of Tanzilla River, at the mouth of Tatsho Creek, 7 miles SW of Dease Lake (settlement, 222.20 ha. Coordinates: 58°23′00″N 130°09′00″W
  • Telegraph Creek IR No.6, right bank of the Stikine River near settlement of Telegraph Creek, 24.20 ha. 57°54′00″N 131°10′00″W
  • Telegraph Creek IR No.6A, right bank of the Stikine River, adjoins Telegraph Creek IR No.6, 32.30 ha.57°54′00″N 131°10′00″W
  • Upper Tahltan IR No.4, on the Little Tahltan River, 2 miles north of Saloon Lake, 64.70 ha. 58°09′00″N 131°22′00″W



To date the NDP government run by John Horgan has done nothing to protect the companies his government approved to operate on the said land.


For the record, there can be only one authority in Canada and or British Columbia, the rest must be subservient to the other, Tahltan territory inclusive. One must also consider that to this date and in recent times the so called unceded territory has been crown land for close to the entire last 154 years. Unlike Chad wants it to appear, they have not governed the land they are claiming for over 150 years, it was governed and controlled by both the Province of British Columbia and the government of Canada.


Contrary to what Chad thinks or says, the Tahltan have not asserted authority until very recently, it all started after the the case of Delgamuukw v. British Columbia and it became an opportunity to claim land, however title to any unseeded land was NOT established, and has not been established even to this date.


Where Canada is failing is in upholding its fiduciary duty to protect the rights of its citizens when it did not step in and notify Chad that is actions could be deemed illegal harassment of legitimate mining operations.


Canada in a nutshell its the authority of the 95.1% of the Canadian population, and if Chad Day is right it really depends on what aboriginal territory out of 619 aboriginal nations in Canada you live in as to who is the authority. If Chad is right Canada needs to surrender its authority to  First Nations as the Canadian Goverment owns no land at all.


Canada Act, also called Constitution Act of 1982, Canada’s constitution approved by the British Parliament on March 25, 1982, and proclaimed by Queen Elizabeth II on April 17, 1982, making Canada wholly independent. The document contains the original statute that established the Canadian Confederation in 1867 (the British North America Act), the amendments made to it by the British Parliament over the years, and new material resulting from negotiations between the federal and provincial governments between 1980 and 1982.


At no time during this period have First Nations ever taken back control of the land they say belongs to them. Now 154 years later Chad Norman Day declared Canada null and void (at least on the land he is claiming) and has declared that the Tahltan Nation makes all the rules, and laws on the land he claims belongs to them.


If Chad is right there is no need to negotiate land claims, and there will be no negotiations, Chad has already unilaterally decided the so called land claims.


Now comes the question of just what will they own? The fish, wildlife, trees, minerals in the ground, if they own it all, then exactly what belongs to the crown? Meaning what belongs to the government of Canada and or the Goverment of British Columbia, that both by the way are housed on unseeded aboriginal land.


In today’s world, who will decide the overlap of fishing? In the past they simply tried to get the others to cooperate and if not they went to war to settle any issues, that will not work in modern times. So where does our court system fit into their system, or frankly can it exist at all?


Owners of land can rent, lease and even tax the land that its users live on, so everyone who is non aboriginal, all 95.1 % of the public, meaning all 38 million plus people will become subject to the rules set by the leaders of the 4.9% aboriginal population. Seriously will Canadians tolerate this?


I hope by now you are seeing a massive PANDORA’S BOX because if you think that settling land claims will lead to a peaceful outcome, your a bigger dreamer than John Lennon ever was.


Its time to stop bullshitting each other, it’s time to face up to the truth, if Canada has no authority and or the government of British Columbia over First Nations, then neither do the police, its not up to them to pick and choose when and when authority does or does not apply. You cannot cherry pick the law, then claim parts of it and demand the rest is tossed, you cannot expect that the 94.9 percent of Canadians are here to serve aboriginals at their beckon request. Its about give and take, its about sharing a system with fellow humans.


If Chad and the Tahltan are indeed an independent nation, then they need to stop being dependant on Canada for policing, healthcare and the many other services it now enjoys.


Chad Day has taken it on himself to kick people off land that has not even been formally declared Tahltan land, but he does expect to get 100% hospital care for his people, and to have the RCMP settle any and all disputed within his community. At what point when Chad Day pulls the Tahltan out of Canada, does Canada stop funding or providing services to the Tahltan?


Chad expects all the benefits of living in a civilized system, yet at the same time declare that he and they are the only authority on land they claim as their land. They are in fact making declarations as if they are a sovereign nation and not subject of the rules of Canada. All of which he did without consulting Canada or working from inside a treaty process, so it seems that the strategy employed is that Canada and or the government of British Columbia are so terrified of bad press that they are laying back in stunned silence.


Has anyone heard our government stand up and defend the rights of legitimate users of the land in question, or has the Goverment of British Columbia handed over the land and all rights to Chad and the Tahltan nation?


Chief Justice Lamer C.J. in the case of Delgamuukw v. British Columbia ruled that First Nations must prove ownership of the land they claim, and Chad somehow thinks that this does not apply to the Tahltan nation.


The test for proving Aboriginal title: “(i) the land must have been occupied prior to sovereignty, (ii) if present occupation is relied on as proof of occupation pre-sovereignty, there must be a continuity between present and pre-sovereignty occupation, and (iii) at sovereignty, that occupation must have been exclusive. That will be enough to demonstrate that the occupancy of the land is “sufficiently important to be of central significance to the culture of the claimants.”



Does the claim that “our ancestors” hunted and trapped on the land suffice as defining the word “occupation”? Granted it was our courts that would allow hearsay evidence to be entered into evidence, even though in every other case in law its not allowed for very obvious reasons. Under normal law hearsay opens the door to false facts being tabled, and somehow these false facts will not be used to gain control of billions of dollars in resource rich land?


Two quick notes on this case, the first if proving the land was theirs was simple, they would have done it decades ago, it was 24 years ago when that ruling was made, the second and more important part of the ruling was that the Delgamuukw ruling did NOT establish ownership of land.


Now Chad acts as if he is the emperor of his newfound kingdom, he is demanding the TV show “Jade Fever,” which airs on Discovery Canada be pulled off the air. The show features a hard working family run jade venture that is legally operating within the already heavy handed BC environmental laws.


““The difficulty, if there is one, is in enforcement,” Mines Minister Bruce Ralston said. “These are very, very remote areas where really the only access is by helicopter.” Imagine that, the NDP minister is suggesting the companies may be in violation, he does not know, but excuses himself because the areas are remote? No defence of the companies, no evidence they are in violation, but just excuses to plead ignorance?


That comment shows that even Chad needs to fly here by helicopter to complain about what is going on on land he has never established to belong to the Tahltan Nation. But it appears that its the attention he is getting that seems to be the primary goal here, like other radical protesters, there is no attempt on his part to negotiate with the government he does not seem to recognize other than when he needs something from them.


If you feel I am being a bit too blunt, its because governments are pitting the the public up against the 4.9 percent aboriginals, and instead of leading the way to reconciliation, they seem to be encouraging a fight between the have and the have not’s, in order to become the heroes at the end of the day who saved us from each other. (Typical NDP mentality)


Chad Day could simply have gone to the press and said, we are claiming lands a, b, and c as ours, we would appreciate if the government would settle this so we won’t end up fighting over who has jurisdiction over it. If the government refuses, they have the option to take the government to court, however why do that when every time you cause disruption to the 95.1% the governments starts bombarding you with cash grants. It works for other First Nations so why not rattle more money out of the pipeline? After all the 95.1 percent of Canadians will just be taxed more to cover these costs.


I for one am sick of government after government failing to settle anything other than giving away tax payer dollars and sending tax payers more and bigger bills for incompetence



Seriously, this has gone on for far to long, if negotiations do not work, then lets take our chances on what the Supreme Court will rule and be done with it, so we can all start living with each other again, as opposed to fighting each other.


 Please feel free to correct me if I made factual errors, I am always open to the truth being tabled.


2 thoughts on “No Canada or Tahltan Overstep?

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  • Lorne e Henrikson

    Here, here, this has gone on for way too long already. Fair settlement is fine with me but it needs to be done and finalized!! Our governments don’t seem to want to deal with it and the longer this goes the more expensive and rediculous it is getting!!!


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