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On Dec 10, 2002, Mr. Justice Tysoe of the Supreme Court of BC declared that the Minister of Forests has a legally enforceable duty to consult with the Gitxsan, the Gitanyow, and Lax Kw'alaams Indian Band "in good faith and to endeavour to seek workable accommodations of their aboriginal interests and the short- and long- term objectives of the Crown and Skeena.

The Petitioners challenged "... the decision of the Minister of Forests to consent to the change of control of Skeena Cellulose Inc. by which NWBC Timber & Pulp Ltd. became the owner of all of the shares in the capital of Skeena...[The Petitioners] assert that in giving his consent to the change of control of Skeena, the Minister failed to fulfil his duty of consultation and accommodation..." [of aboriginal interests].

At their debriefing, Simogyet Yal told the assembled Gitxsan that, "Our foot is in the door and we're in the game again. I had moments of eb and flow of emotions... [Mr. Justice] was bold in his statements ... Now we have to go the extra mile for the people because ultimately it's for their benefit ... As Gitxsan, we will be okay. We will find our place in Canada that will be positive."

"The difference from the others," adds Gordon Sebastian, Gitxsan Legal Counsel, "[is that] there is a duty to consult with the Gitxsan specifically." In answering whether this decision applies to all ministries, Sebastian says, "All our interests affect all ministries... Their current [consultation] policy is more defensive. Now the province has to realign towards accommodation."

Sigidimhaanak Gwaans stated that, "It's the huwilphl Gitxsan that are the statutory decision makers. It's up to them to make decisions."

Gitxsan Petitioners: Yal (aka Aubrey Jackson), Djogaslee (aka Ted Mowatt), Lelt (aka Lloyd Ryan), Geel (aka Walter Harris), Wii Eelast (aka Jim Angus), Tsabux (aka Wilmer Johnson), Tenimgyet (aka Art Mathews Jr.), Sakxum Higookw (aka Vernon Smith) on behalf of themselves and in their capacity as Gitxsan House Chiefs and on behalf of all members of the Gitxsan Houses.

"We will now negotiate for resources to organize the huwilphll Gitxsan towards meaningful consultation," concludes Simogyet Yoobx.