The Confederated Tribes of the Colville Reservation, an American tribe based in Washington state, has filed a lawsuit against the British Columbia government. The tribe claims it has been excluded from consultations regarding education policies and development projects that affect its members. This legal action follows a 2021 Supreme Court ruling that recognized certain rights for American Indigenous groups with historical ties to Canada.
The Colville Reservation argues that one-third of its members are descendants of the Sinixt/Lakes Tribe, which traditionally inhabited southern British Columbia. The tribe's legal filing states, "Due to a constellation of factors related to colonization, many Sinixt people involuntarily and gradually shifted their residence to the southern portion of their traditional territory, south of what is now the international border, but did not give up their claim to their traditional territory in Canada."
Historically, the Sinixt were declared extinct in the 1950s, but the Colville tribes are now seeking recognition and a voice in matters that affect their ancestral lands. They contend that British Columbia's School Act unfairly limits the definition of "first nation" to Canadian entities, thereby excluding them from educational consultations mandated by the province.
In 2023, British Columbia enacted a law requiring school boards to consult with Indigenous advisory bodies, driven by commitments to the United Nations Declaration on the Rights of Indigenous Peoples. However, the Colville Reservation claims it has been unjustly left out of this process. The tribe's court filing asserts that this exclusion violates the Charter-protected equality rights of the Sinixt/Lakes Tribe and "continues the Crown’s dishonourable conduct" towards them.
The lawsuit also addresses concerns about the B.C. government's consultation practices regarding development projects. The Colville Reservation states that it has been downgraded from a status that allowed for in-person meetings and site visits to a notification-only status since March 2025. The tribe claims it has been removed from multiple consultation tables and that the province has instructed other non-provincial entities to cease similar collaborations.
The Colville Reservation is asking the court to recognize that its rights have been violated and to mandate consultations regarding the consultation process. This legal battle highlights ongoing tensions surrounding Indigenous rights and the complexities of cross-border relationships between Indigenous groups in the U.S. and Canada. The Supreme Court's 2021 decision in R. v. Desautel has opened the door for American Indigenous peoples to assert rights in Canada, complicating the legal landscape for both governments and Indigenous communities.