Coherent Identifier About this item: 20.500.12592/61g4nj

A real game changer : Analysis of the Supreme Court of Canada Tsilhqot'in Nation v. British Columbia decision

2014

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Summary

With the support of the Tsilhqot’in important in British Columbia, where there are Nation, Chief William appealed the British Co- only a handful of historic and modern treaties, lumbia Supreme Court decision and in 2012 the where one-third of the country’s First Nations British Columbia Court of Appeal found that have their homes, and where claims cover over the entire claim to title had not been [...] In its unanimous deci- the right of enjoyment and occupancy of sion, the Supreme Court of Canada supported the land; both claims and granted Aboriginal title over the right to possess the land; the claim area. [...] Furthermore, the Court explicitly ment allowed for Aboriginal title to include in- rejected the British Columbia Court of Appeal’s dividual property rights for First Nation mem- suggestion that Aboriginal title could only be bers, it would have helped extend the right to confined to specific sites and supports the as- own property to on-reserve members of First sertion that the regular use of trad [...] Now that the consult with and accommodate First Nations is Supreme Court of Canada has established a the responsibility of the Crown and the Crown clear test for Aboriginal title that trial judg- alone. [...] The judgment states that “after Aborigi- native to the other forms of negotiation, allow- nal title to land has been established by court ing First Nations to have Aboriginal title rec- declaration or agreement, the Crown must ognized through the court system rather than seek the consent of the title-holding Aboriginal negotiate with governments for it.

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government politics indians of north america ethics justice law human activities native peoples first nations judgment (law) aboriginal title delgamuukw delgamuukw v british columbia boriginal title indian title legal concepts

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