Tsilhqot'in First Nation granted B.C. title claim in Supreme Court ruling

The Supreme Court of Canada has granted declaration of aboriginal title to more than 1,700 square kilometres of land in B.C. to the Tsilhqot'in First Nation.
The unanimous ruling resolves many important legal questions, such as how to determine aboriginal title and whether provincial laws apply to those lands.
In its decision, Canada's top court agreed that a semi-nomadic tribe can claim land title even if it uses it only some of the time, and set out a three-point test to determine land titles, considering:
Occupation.
Continuity of habitation on the land.
Exclusivity in area.
The court also established what title means, including the right to the benefits associated with the land, and the right to use it, enjoy it and profit from it.

Tsilhqot'in First Nation granted B.C. title claim in Supreme Court ruling

This case has been in the courts since the early 80s and went through many turns before its final resolution, which was unanimous. What this does is remove provincial control over the land and now the negotiations will be between the federal government and the First Nations (Are the feds rubbing their hands in gleeful anticipation of trying to prove its projects are for the common good?)

It is one big huge deal for the aboriginal peoples across Canada and I heartily congratulate them all! This will no doubt have repercussion on other land title disputes across the country. They have fought long and hard to gain recognition of their rights to land titles and now the tide has finally turned.

I look forward to what changes this will bring to everything and everyone in the country. The traditional keepers of the land will now be able to represent that better interest with authority. Hooray for them! Hooray for all of us who have been feeling betrayed by the actions of various governments, provincial and federal.

This will allow the Feds to negotiate directly with the First Nation to push their pipeline through despite concerns of the Province.
Here in Ontario, development of the Ring of Fire mining development has been delayed and re-delayed because the Province is delaying negotiations with the concerned First Nations.
Then again, could the Fed take this agreement and then break this agreement with the First Nations and just expropriate the land? It would not be the first time.

a reply to: Beartracker16

You echo one of my fears too, remembering that five of the justices are Harper appointees and surely must have considered the benefits of moving the negotiations from provincial to federal venues. However if expropriation were to be considered I for one would most definitely join the aboriginal people in their dissent.

This decision only confirms what the treaty's are really about . It also puts the largest group (Algonquins) in a very powerful position .The Royal proclamation of 1763 made it clear that it was only the Crown that could legally deal with the groups here .In fact it says or any of them . There are Nations, Tribes, Groups,and Clans that are the original peoples . This may be the time for the First Nations to get the Crown to dust off the Royal Commissions Report and start acting on some of the recommendations made in it .

a reply to: the2ofusr1

Thanks for that. I think the time for reconciliation is at hand. I see the aboriginal peoples really rising now to claim the dignity to which they have been entitled all along.

In the past it was easy for the Crown to ignore them and vilify them .A constant theme has always been the Indian problem .With some Natives gaining education and positions in higher places ,the Politicians in not addressing the issues will only be suicidal for them politically .As far as the Courts are concerned ,the days of taking 30/40 years to address them is over .I have said before that it will be the Natives to the rescue and not the Calvary or any politician promising change . a reply to: aboutface

Great news, thanks for posting!

It's about time that the First Nations people were treated as just that, a nation. By saying that this is a matter between nations, not a provincial matter between BC and some people who happen to live there, it's moving in that direction.

Don't worry the gov will find some other ways of screwing them over.....

a reply to: stirling

Oh for sure the government will try, but the status of our aboriginals was greatly changed today. They are landowners or title holders now, and that's not something to sneeze at.

originally posted by: aboutface
They are landowners or title holders now, and that's not something to sneeze at.

I'm not sure what is really won by granting title to a people for whom land ownership is an alien concept, tacitly informing them of their own continued subjugation and decimation of their culture.

As others have noted, this seems to be simply a successful attempt at removing the "middle man" from the state's bullying. I hope they're prepared for what comes next.

a reply to: NthOther

You would really have to read the linked source story in which the Supreme Court spells it out. To have title means that first, before any pipeline or mining project is undertaken on that land, permission has to be obtained from them. That includes logging projects too. It is one huge deal. People have been murdered, hanged, jailed etc., because they resisted certain development projects on a particular site. The have died trying to protect water pollution from slag heaps or whatever they're called.

According to the indigenous chiefs, they will now have to be in particular board rooms in order for some things to be done. No more raping the land for a quick buck and then just walking out without cleaning up when it's done, such as the mega horrific mess left behind by the Giant gold mine in Yellowknife. The toxicity left behind there is enough to kill every single person on planet Earth.

So while it does not imply that no projects will go ahead, what it does mean is that as keepers of the land they will see to it that a careful eye will be kept on things.

Vancouver City council has come out today admitting that the city of Vancouver is built on land not officially ceded to it by the native people.

I'm wondering what difference it makes when or how the Europeans seized the Aboriginal peoples land?

This is all Aboriginal Peoples land!

a reply to: Psynic

Some aboriginal groups and tribes entered into treaties for use of the land, while others never agreed to such things. It will slowly be sorted out hopefully. The resistance of the government/crown has been astounding yet despite the tricks and ruses, intimidations and laws, the natives stuck it out. They fought back by becoming educated and meeting their opponents in a court of law and they have been winning.

I am suspicious of these new concessions to Aboriginal land claims being an end run around oil pipeline opposition.

First Nations have shown a distinct tendency of capitalizing on special rights to build casinos, market cheap cigarettes and act like an indigenous Cosa Nostra, thumbing their noses at the 'White Mans' rules.

Not that I can blame them.

a reply to: Psynic

It's natural to think like that, except that this single particular court case has been ongoing since 1980 and finally brought to the Supreme Court of Canada after provincial court trials. The other factor is that this particular land dispute does not feature in pipeline discussions. It's just a case that has final reached its maximum and they have won.