Category: Aboriginal Title

ALG note re Tsilhqot’in decision from Supreme Court of Canada

In an unprecedented, unanimous decision written by the Chief Justice, the Supreme Court of Canada unequivocally held that a First Nation, in this case the Tsilhqot’in Nation, successfully established Aboriginal title to its claimed area. In so doing, the decision provides a clear and substantive framework for establishing Aboriginal title, the rights Aboriginal title confers and the application of provincial laws of general application to land held under Aboriginal title – all within the backdrop of recognizing and requiring a culturally sensitive approach.