‘Trying To Claim Airspace Ownership’

They told me not only was I not allowed on ‘their territory’; I wasn’t allowed to fly over ‘their territory’. I told them I can fly anywhere I want in Canada, other than military bases. It’s free air space in Canada.”

“‘First Nations’ {‘Indian’} groups emboldened by the {irresponsible} Province and ‘UNDRIP’ are demanding free, prior, and informed consent before granting access to ‘claimed {but in most cases, unproven} territory’. Enabling or encouraging this abdicates the authority of the provincial and federal governments and in this case, is flat-out dangerous.”

An ‘Indigenous’ {sic, ‘Aboriginal’ or ‘Indian’ are the legal terms} group in northern B.C. has attempted to use ‘Aboriginal title’ to claim the airspace above Crown land, expelling a local helicopter company and B.C. government forestry officials.

The conflict, which occurred over the summer, grew to involve the federal and provincial governments, before Ottawa declared in writing to four B.C. Cabinet ministers in a Dec. 12 letter that Aboriginal title cannot be used to restrict any flights in Canadian airspace.

It’s the latest in a series of escalating, and confusing, interpretations of ‘Aboriginal title’ in British Columbia. 

{It’s “confusing” because they’re making it up as they go along. That’s also what makes it so dangerous!}

The issue has captured intense public interest after the B.C. Supreme Court in August ruled the Cowichan ‘Nation’ {a ‘nation’ of 5,625 people} not only had Aboriginal title over 800 acres of land in the City of Richmond, but that Aboriginal title was of superior legal standing to private property rights {Which is ridiculous!}.

Premier David Eby has promised to appeal that ruling and protect public property. But he has not made any similar promises to protect Crown land, or the airspace above it, from restricted public access due to title declarations.

The issue of airspace played out near Burns Lake in July, after the ‘Wilps ‘Wii K’aax’, a house in the ‘Wolf Clan’ of the ‘Gitxsan Nation’, wrote a letter to local company ‘Interior Helicopters’, saying it should no longer fly above the territory upon which it claimed ‘Aboriginal title’.

{The ‘Gitxsan Nation’ is a lobbying and pressure group representing 3 Indian Bands: Gitanyow (861 people), Gitanmaax (2,681 people), and Glen Vowell (432 people).}

Any activities, including aviation, conducted without the free, prior, and informed consent of ‘Wilps ‘Wii K’aax’ will be documented and may be subject to follow-up under ‘our stewardship and enforcement protocols’,”

hereditary Chief’ {Aboriginal royalty, replaced by elected leadership} Dorothy Smith Lattie wrote in the July 16 letter, ‘CC’d to then-‘Indigenous’ Relations Minister Christine Boyle.

“‘Wilps ‘Wii K’aax’ wasconducting “monitoring and mapping” of its ‘traditional territories’ on Crown land, in part using drones {Now there’s another traditional Aboriginal practice! Talk about ‘cultural appropriation…}, and said any access to the land or air would require written consent {!?!}.

The situation escalated when Ministry of Forests workers were flown in to do work in the area that month and were accosted by men who identified themselves as from the ‘Wilps ‘Wii K’aax’ house, said West Luck, a third-generation pilot who flew the government officials to the site.

They were very threatening”,

{Bullying is unfortunately a central feature of traditional Aboriginal culture…}

said Luck, who dropped off and picked up the government officials.

They told me not only was I not allowed on their territory, I wasn’t allowed to fly over their territory. I told them I can fly anywhere I want in Canada, other than military bases. It’s free air space in Canada.”

Luck pointed out the‘Wilps ‘Wii K’aax’ members had failed to get Transport Canada approval for their drone survey {!}, which if done properly would have resulted in a federal broadcast warning of restricted airspace.

Neither the ‘Wilps ‘Wii K’aax’, nor the ‘Gitxsan Lax’yip Land Management Office’, returned a request for comment.

The ‘Public Land Use Society’, which has advocated for more transparency in ‘Indigenous’ agreements involving Crown land, took the case to the federal government.

The story was shared with ‘PLUS’ by the pilot, and represents what we now hear about regularly”,

said executive director Warren Mirko.

As encapsulated in our letter to the Government of Canada, ‘First Nations’ {‘Indian’} groups emboldened by the {irresponsible} Province and ‘UNDRIP’ are demanding free, prior, and informed consent before granting access to ‘claimed {but in most cases, unproven} territory’, otherwise Crown land. Enabling or encouraging this abdicates the authority of the provincial and federal governments and in this case is flat-out dangerous.”

Transport Canada responded in a Dec. 12 letter ‘CC’d to B.C’s Ministers of forests, transportation, ‘Indigenous’ relations, and water, lands and resource stewardship.

Canada has exclusive jurisdiction over aeronautics, which includes the ability to legislate and regulate the use of airspace”,

the federal agency wrote.

Even where Aboriginal title exists, within the meaning of ‘Section 35(1)’ of the “Constitution Act, 1982”, laws of general application continue to apply.

The agency reviewed Luck’s use of airspace above Burns Lake and determined he followed the law.

Unless authorized by the federal government, no other person, group, organization, or level of government has the legal authority to approve, deny, or restrict flights in Canadian airspace, nor to impose ‘consent’ requirements on aircraft operators”,

wrote Transport Canada.

It added that “the department will contact the ‘Wilps ‘Wii K’aap’ of the ‘Gitxsan ‘Nation’ to clarify the responsibility of airspace and regulations relating to aviation safety.

The B.C. government in a statement said it defers to Transport Canada on airspace, and does not consider it part of Aboriginal title claims.

B.C. negotiations with ‘First Nations’ do not include aeronautics discussions”,

read the statement {Only because it’s not Provincial jurisdiction. You’re giving them everything else…}.

Mirko said the airspace issue is yet another example of the risk to B.C. sovereignty that has come from policies such as B.C.’s {foolish} 2019 “Declaration on the Rights of Indigenous Peoples Act”.

{The ‘Indigenization’ of British Columbia Law{July 15, 2022}:

Canadian governments are busy establishing a legal framework where Canadian law becomes subservient to the United Nations ‘ Declaration on the Rights of Indigenous Peoples’, regardless of the wishes of the Canadian people. British Columbia – along with the federal government — are foolishly leading the way in this undermining of Canadian democracy:

A small bill with far-reaching implications. ‘Bill 29’ ran a mere three pages, including cover and explanatory notes. It constituted one of the first substantive moves by the government to amend provincial laws to incorporate the ‘principles’ of the United Nations Declaration on the Rights of Indigenous Peoples. ‘Bill 29’ added a clause that said every

Act and regulation must be construed as being consistent with the Declaration on the ‘Rights of Indigenous Peoples Act’.”

The latter being the Act whereby two years ago, the legislature unanimously enshrined the 46 articles of the ‘UN Declaration’ and set in motion an action plan to incorporate them into provincial law.”

https://canadiansforlegalequality.wordpress.com/2022/07/15/the-indigenization-of-british-columbia-law/ }

That ‘DRIPA’ law can now be used to strike down other Provincial laws and regulations, according to a B.C. Court of Appeal ruling earlier this month.

The Premier has promised to change the law to oppose that court ruling as well.

I certainly know that these court decisions {and YOUR government} have caused a huge amount of anxiety”,

Eby told me recently. Eby said both the ‘Cowichan’ and ‘DRIPA’ cases threaten to turn public opinion against broader ‘reconciliation’ efforts{The one positive result!}. He’s promised to provide clarity and certainty to British Columbians, through the courts and Legislature.

That may need to include some sort of reminder that airspace rights are not on the table either, when it comes to B.C.’s ‘reconciliation’ efforts.”

–‘Aboriginal title cannot be used to restrict Canadian airspace, Ottawa says’,

Rob Shaw, Business in Vancouver, Dec.22, 2025

https://www.biv.com/news/economy-law-politics/rob-shaw-aboriginal-title-cannot-be-used-to-restrict-canadian-airspace-ottawa-says-11657588

See also:

Who Owns British Columbia?:

We are the true owners of British Columbia. The Indians across the province own everything — the rivers, the trees, the bugs, the animals. You name it. Subsurface rights, the air, the rain, the whole shot. That’s what we mean when we say we have aboriginal title to the land.”

James Gosnell, Chairman, Nisga’a Tribal Council, 1984

Quoted in “Our home OR Native Land?” Melvin H. Smith, Crown Western, Victoria (1995)

https://endracebasedlaw.wordpress.com/2016/07/22/who-owns-british-columbia/

Flashback (1998): Who Owns B.C., REFORM Asks Ottawa:

Is the minister prepared to go to Vancouver, hold a town hall meeting, and tell the people who show up there that the city belongs to Aboriginals?

{Reform} Indian Affairs critic Mike Scott (Skeena) asked during question period.

Will she answer the question? Who owns B.C.?

https://endracebasedlaw.ca/2019/08/20/flashback-1998-who-owns-b-c-reform-asks-ottawa/

Lock, Stock and Barrel:

I WANT ALL INDIANS TO BE ABLE TO BE INDIANS FOREVER , BASED ON OUR INHERENT RIGHT TO THE LAND & SEA RESOURCES THAT WILL ALWAYS BELONG TO US !!

–Bill Wilson

{Jody Wison-Raybould’s father, formerly the most prominent and powerful Chief in B.C.}

https://endracebasedlaw.ca/2019/08/09/lock-stock-and-barrel/

The Balkanizing of B.C. Continues – Haida {Apr.17, 2024}:

The province says the ‘Rising Tide’ title agreement will shift ‘ownership and jurisdiction of land from the Crown to the Haida ‘Nation’

The B.C. government and the Council of Haida ‘Nation’ have signed an agreement officially recognizing Haida Gwaii’s ‘Aboriginal title’.”

https://endracebasedlaw.ca/2024/04/17/the-balkanizing-of-b-c-continues-haida/

The Giveaway Continues  {Jan.24, 2023}:

“The government is now starting to turn private land over to Aboriginal tribes – something they promised would never happen.

“P.S. They can’t ever be honest about the cost of so-called ‘reconciliation’. How do we know this land wasn’t originally stolen from another tribe?

Nearly 7,800 hectares of ranch lands, along with grazing licences for 56,000 hectares of land, are being ‘returned’ to Stswecem’c Xget’tem ‘First Nation’ (SXFN) (Canoe Creek-Dog Creek) {a ‘nation’ of 810 people} as part of treaty negotiations with the Northern Secwepemc te Qelmucw (NstQ) {‘Northern Shuswap Tribal Council’, a lobbying organization}.”

https://endracebasedlaw.ca/2023/01/24/the-giveaway-continues/

B.C. Ministry Enables Aboriginal Trespassing{August 3, 2016}:

This is our land and nobody is going to stop us from fishing.”

“Here’s another example of a Canadian property owner being caught between aggressive aboriginals asserting their ‘race’ rights, and a government that’s enabling them.”

https://endracebasedlawcanadanews.wordpress.com/2016/08/03/b-c-ministry-enables-aboriginal-trespassing/

Tinkering Around the Edges (B.C. Land Title and Property Law Act) {Oct.19, 2024}:

Canadian governments, instead of ending the foolish anachronism of racial Segregation, continue to try and modify and ‘improve’ their Segregated laws and programs:

In early April, the provincial government introduced legislative amendments to the “B.C. Land Title and Property Law Act”, that, if passed, will remove barriers for ‘First Nation’ {Indian} Bands to acquire, hold and register land.”

{This ‘Act’ came into force on May 21, 2024…}

https://endracebasedlaw.ca/2024/10/19/tinkering-around-the-edges/

Public Isn’t ‘Public’ Any More (Provincial Park) {Aug.29, 2023}:

More Race Based Law… This is supposed to be a PUBLIC Provincial park, for ALL people!

All Camping Reservations and Day-Use Passes will be cancelled by B.C. Parks.”

Joffre Lakes Provincial Park will be closed until September 30, 2023. The Líl’wat and N’Quatqua ‘First Nations’ say the closure is in support of a harvest celebration in the area they call “Pipi7iyekw” and ‘widely-known’ {legally-known} as Joffre Lakes Park.”

https://endracebasedlaw.ca/2023/08/29/public-isnt-public-any-more/

Moving Backwards: B.C. Creates Segregated Child Welfare System {Oct.28, 2022}:

The B.C. government’s move means it will no longer have a role in welfare of ‘Indigenous’ children and B.C.’s children’s watchdog can get involved only when invited by ‘Indigenous’ groups.”

The move means the provincial government will no longer have a role in oversight and B.C.’s children’s watchdog can get involved only when invited. How standards of care will be monitored under the new system is unclear.”

https://endracebasedlaw.ca/2022/10/28/moving-backwards-b-c-creates-segregated-child-welfare-system/

Still No Accountability (First Nations’ Justice Strategy) {Aug.12, 2023}:

There should ONLY be CANADIAN justice!
Enough of this anachronistic, segregationist nonsense. The ‘overcriminalization’ in Aboriginal communities must be addressed at source, not by privileged Aboriginal elites attending expensive conferences to transfer the blame to the rest of Canadians.

P.S. Who is paying for this racist nonsense?

We are committed to working with the B.C. ‘First Nations’ Justice Council to implement the ‘First Nations’ Justice Strategy by following the lead of ‘Indigenous’ Peoples who are reclaiming their ‘Indigenous’ laws, orders and institutions.” {?}”

https://endracebasedlaw.ca/2023/08/12/still-no-accountability/

Who Are ‘Coastal First Nations’? (B.C.) {Dec.7, 2025}:

While ‘Coastal First Nations’ sounds like it might be a Band or group in the region, in fact, it’s a not-for-profit based in Vancouver and set up with money from Left-wing American foundations.”

https://endracebasedlaw.ca/2025/12/07/who-are-coastal-first-nations/

Practicing Magic In School (Smudging In B.C.) {November 18, 2016}:

British Columbia law is very clear in not allowing ANY religious ceremonies in public schools {See below}. In what is becoming an all-too-prevalent double standard, this doesn’t seem to apply to Aboriginal religious ceremonies…”

https://endracebasedlaw.wordpress.com/2016/11/18/practicing-magic-in-school/

B.C. Schools Now Re-education Camps (Coercing Aboriginal Studies) {Oct.13, 2022}:

“This is coercion. Stop shoving this down people’s throats! And if it’s about “education”, stop using the misnomer “Indigenous”. Canadian Aboriginals are ‘Indigenous’ to Mongolia and Siberia:

The Ministry of Education, in collaboration with the ‘First Nations’ Education Steering Committee (FNESC), is implementing a new graduation requirement. Expected to take effect in the 2023-24 school year, this requirement will ensure all secondary students complete ‘Indigenous’-focused coursework before they graduate from B.C.’s K-12 education system.”

https://endracebasedlaw.ca/2022/10/13/b-c-schools-now-re-education-camps/

B.C.’s Educational Segregation{Jan.25, 2022}:

The agreements give the ‘nations’ the power to develop curriculums, set graduation requirements and certify teachers and schools. That includes ‘traditional ways’ of teaching. They also make sure there is funding in place {from the rest of us} to do those things…”

https://endracebasedlaw.ca/2022/01/25/b-c-s-educational-segregation/

Living In A Court-Induced Fantasyland (Metis ‘Nation’ B.C.) {Feb.9, 2021}:

“‘Métis ‘Nation’ British Columbia’ sent a letter demanding the next government start recognizing Métis as a distinct people and enter into government-to-government talks…

“The Supreme Court foolishness of giving so-called ‘Aboriginal rights’ to those who claim to be ‘Metis’ has only begun to negatively affect Canada. The Metis ‘Nation’ was historically situated in Manitoba and Saskatchewan and part of Alberta; yet, here we have the ridiculously-named “Metis ‘Nation’ of B.C.” demanding their share of the racial booty…”

https://canadiansforlegalequalityblog.wordpress.com/2021/02/09/living-in-a-court-induced-fantasyland/

What Is B.C. Doing? (Gambling Revenue) {Nov..24, 2020}:

“Gambling income that is supposed to be for the benefit of all citizens is being directed specifically to Aboriginals; this, despite the fact that when B.C. joined Confederation, it demanded – and got – recognition that, beyond supplying reserve land, British Columbia had NO responsibility for Aboriginals, financial or otherwise.

“So…?

First Nations in B.C. and the provincial government completed and signed a 23-year agreement on Sept. 16, 2020, that will see the Province share approximately $3 billion in gaming revenue…

https://canadiansforlegalequalityblog.wordpress.com/2020/11/24/what-is-b-c-doing/

British Columbia: The Giveaway Continues (Revenue Sharing) {July 23, 2019}:

Every ‘First Nation’ {aboriginal} community in B.C. will be eligible for between $250,000 and $2 million annually through the agreement.”

This government ‘generosity’ is money unfairly taken from British Columbian taxpayers, as aboriginals are Constitutionally wards of the FEDERAL government, and the document that B.C. signed when joining Canada expressly states that B.C.’s ONLY financial obligation to aboriginals is to provide Crown lands for reserves, for which the province would be reimbursed…”

http://endracebasedlaw.com/2019/07/23/british-columbia-the-giveaway-continues/

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