The Sinixt First Nation is appealing the dismissal of its constitutional challenge against a logging operation in the Slocan Valley.
Nelson lawyer David Aaron, who is representing the Sinixt, said the group filed a notice with the B.C. Court of Appeal Friday.
The Sinixt had petitioned the B.C. Supreme Court for a judicial review of the timber sale lisence awarded to Kaslo's Sunshine Logging. They argued they had a constitutional right to be consulted before B.C. Timber Sales granted the license for Perry Ridge, which is part of their traditional territory.
However, the challenge was dismissed in February by Justice Peter Willcock, who said the Sinixt were "not a group capable of sufficiently precise definition with respect to their membership."
In a written statement to the media, Aaron said First Nations groups need better "procedural avenues" to access their constitutional rights.
"The Court of Appeal will be moved at the hearing of this appeal to consider these complicated issues; issues which are at the heart of the process of reconciliation between Crown sovereignty and the prior existence of Aboriginal societies," he added.
Aaron previously told the Star he was holding off on an appeal until Willcock's written decision on the case was released. But as of Friday, the document was still unavailable to the public.