"THE OCEAN IS OUR GARDEN"
- late Alice Paul, Respected Hesquiaht Elder

THE NUU-CHAH-NULTH RESEARCH AND LITIGATION PROJECT
For countless centuries quu%as, the Nuu-chah-nulth people, have owned, occupied and cared for their territorial lands, rivers, and oceans on what is today known as the West Coast of Vancouver Island.
A rich culture flourished on this rugged coast. Nuu-chah-nulth people harvested, processed, consumed and sold all manner of aquatic resources both within their respective territories and outside to other First Nations that valued their products. This extensive commerce was an integral part of their culture and was well documented by early European visitors to the northwest coast, who eagerly engaged in this flourishing economy.
Until the arrival of these Europeans, Nuu-chah-nulth Haw`iih (traditional Chiefs) intensely managed all land and aquatic resources within their Hahuu>i (the Chiefs' owned territory). Sustainable management principles were passed orally from each generation and were strictly enforced, ensuring the health of all living species, while sustaining the Nuu-chah-nulth populations through many generations.
At the approach of the twentieth century this continuous cycle was interrupted. Colonial governments repeatedly tried to convince the Nuu-chah-nulth Haw`iih to surrender their recognized legal titles and interfered with their successful management. When Canada and BC arbitrarily seized control of Nuu-chah-nulth land and resources, the governments assigned only very tiny land reserves compared to elsewhere in British Columbia. These assignments were made on the premise that they were "fishing stations" where the Nuu-chah-nulth people could continue making good livelihoods as fishermen. Almost immediately the new management regimes began to waste and over-harvest aquatic resources, urged on by the advice of special interests eager for quick profits in this rich land. Large, wasteful, and increasingly industrial fisheries systematically displaced the careful and selective traditional fisheries that were governed by the Nuu-chah-nulth Haw`iih.

A CENTURY OF LOSS
The last century has seen a steadily increasing loss of habitat and alarming losses of the aquatic resources that quu%as (Nuu-chah-nulth people) have always depended on for their health and to support their economy. Skilled Nuu-chah-nulth fishermen have been pushed out of their traditional livelihoods while non-resident investors have been allocated exclusive access to resources in their territories by the Federal Government.
To try to reverse this destructive trend, Nuu-chah-nulth leaders have made concerted efforts in the last decades to develop innovative and co-operative management boards (Central Region Board/Regional Aquatic Management Board) that would empower sustainable practices and recognize their entitlements. Despite these efforts, governments continue to implement policies and programs that are damaging to the land, resources, and people in the region.
After eight years at the Treaty Table Canada and BC have, under outside political pressure, failed to take Nuu-chah-nulth Rights and Title seriously. Offers to date have left little hope of any effective role in resource management; fail to recognize the Nuu chah-nulth right to make a living from their own aquatic resources; and would diminish or remove their existing right to access healthy food by not considering the increasing needs of future populations.

THE RESEARCH AND LITIGATION
After exhausting all options, Nuu-chah-nulth Haw`iih gave instructions to conduct extensive research and develop litigation that would protect their resources and sustain future generations. Renowned experts began assembling the vast body of evidence existing of Nuu-chah-nulth ownership, rights and conservation laws. It is widely recognized that the Nuu-chah-nulth peoples' history, governance, and special relation to the ocean was the most observed and documented of all the Northwest tribes. After careful consideration, on June 19, 2003 a Writ of Summons was filed with both governments; followed by a detailed Statement of Claim on December 16, 2003.

These documents declare:

- Continuous Nuu-chah-nulth ownership, use and occupation of lands, freshwater and ocean territories;
- Aboriginal Title to Nuu-chah-nulth fishing territories and sites;
- Aboriginal Rights to all species of fisheries resources in Nuu-chah-nulth territories, including harvesting, management, consumption, processing and trading, and the accumulation of wealth fromthese activities;
- Nuu-chah-nulth are owed fiduciary duties by Canada and BC;
- Canada and BC have infringed on Nuu-chah-nulth aboriginal title and rights, and have acted in breach of their fiduciary duties to Nuu-chah-nulth.

Through this research and litigation project Nuu-chah-nulth First Nations will again be able to selectively manage and restore the health of their rivers, streams, and oceans. In turn, they will benefit the health of their own communities as well as the guests they share their territories with.

These aquatic people will replenish their "Garden"and the rich ocean; to restore their unique culture and to make a healthy, sustainable aquatic livelihood as they have done since ancient times.

"A great many canoes filled with the Natives were about the ships all day, and a trade commenced betwixt us and them, which was carried on with the stricktest honisty on boath sides."

Cook, Captain James. "Cooks Journal, 30 March, 1778."