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

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.