Supreme Court grants land title to B.C.

First
Nation in landmark case
Object1
A historic decision by the Supreme Court of Canada has restored a ruling that granted
a broad declaration of land title to a British Columbia First Nation.
By: Tonda MacCharles Ottawa Bureau reporter, Tonda MacCharles Ottawa
Bureau Published on Thu Jun 26 2014
OTTAWA Natie groups across Canada hailed as a !game"changer# the Supreme
Court of Canada$s landmar% decision to grant aboriginal title to a B.C. natie group
oer a large tract of land the first a&ard of its %ind.
B.C. aboriginal leaders and others immediately predicted a ma'or impact on the
Northern (ate&ay pipeline pro'ect and other resource deelopments on contested
lands) &ith some calling it a !eto# &hile other legal analysts said the ruling simply
reinforces e*isting legal duties on goernments to consult &ith affected aboriginal
groups.
+nbridge and other ma'or industrial players &ere silent Thursday &hen the ruling &as
released. The B.C. and federal goernment) &hich is still negotiating some ,-- land
claims across the country) said little other than they &ere reie&ing it.
Today is a ne& day)# said (rand Chief Ste&art .hillip of the B.C. /nion of Chiefs)
spea%ing in 0ancouer. !We are in an entirely different ballgame.
We$re moing a&ay from the &orld of mere consultation into a &orld of consent. And
that is absolutely enormous &hen one considers +nbridge$s Northern (ate&ay pipeline
proposal) the 1inder"2organ proposal) and a &hole multitude of ma'or resource
pro'ects.#
3espite the euphoria) ho&eer) others say the 4"- ruling does not bar economic
deelopment.
VIEW 3 PHOTOS
DARRYL DYCK / THE CANADIAN PRESS FILE PHOTO
A member of the Tsilhqotin bands protests a mine development last year in B.C.
The Tsilhqotin's legal battles began over clear-cut logging permits granted in the
1980s.
The ruling said proincial and federal goernments may still regulate economic actiity
zoom
li%e forestry practices on aboriginal title lands as long as legislators &in consent of the
affected group) or can sho& !a pressing and substantial# public purpose for actiity
that must also be compatible &ith the Cro&n$s obligation to act in good faith for the
benefit of aboriginal peoples.
Thursday$s historic ruling bro%e ne& legal ground in a&arding aboriginal title to a
specific part of Canada. 5t granted the Tsilh6ot$in people an o&nership say oer a
,)78-"s6uare"%m area in B.C.$s remote central interior) saying it gies the group !the
right to use and control the land and to reap the benefits flo&ing from it.#
The ruling adopted a broad) e*pansie approach to the concept of aboriginal title)
saying it is not !site specific# or narro&ly restricted to particular illage sites. 9ather) it
&ill coer a broad area &here an aboriginal group can sho& it e*clusiely lied) hunted)
fished and had historic control oer a territory.
2ost of B.C. is unceded territory) &here no treaties &ere signed &ith First Nations.
The court stressed the duty to consult in all cases.
(oernments and indiiduals proposing to use or e*ploit land) &hether before or
after a declaration of aboriginal title) can aoid a charge of infringement or failure to
ade6uately consult by obtaining the consent of the interested aboriginal group)# Chief
:ustice Beerley 2c;achlin &rote for the unanimous court.
This decision . . . &ill be a game"changer in terms of the landscape in B.C. and
throughout the rest of the country &here there is une*tinguished aboriginal title)# said
AFN 9egional Chief of British Columbia :ody Wilson"9aybould.
5t$s a clear ictory for the Tsilh6ot$in) a group of si* bands &ho number about <)---
people in and around the Nemiah 0alley in the Chilcotin region) &here they fought
clear"cut logging efforts for more than t&o decades.
5n that case) &here B.C. failed in its duty to consult the Tsilh6ot$in on &hat are titled
lands) the court declared an infringement. 5t left open the possibility the act could be
re&ritten to refer to and 'ustify its actions on aboriginal held lands.
Su=anne Anton) B.C.$s minister of 'ustice) said the proince is !committed to continue
to &or% together to ma%e sure &e all hae healthy) thriing communities both socially
and economically.#
Federal Aboriginal Affairs 2inister Bernard 0alcourt said in a &ritten statement the
Conseratie goernment beliees !the best &ay to resole outstanding aboriginal
rights and title claims is through negotiated settlements that balance the interests of all
Canadians.#
+en for treaty holders) the ruling builds on preious Supreme Court decisions that
underline the Cro&n$s need to reconcile the concerns of aboriginal people and to ta%e
their claims seriously) said Bob 9ae) chief negotiator for the 2ata&a First Nations
Tribal Council that represents nine First Nations located around the 9ing of
Firemining plays in northern Ontario.
9oger William) the Tsilh6ot$in chief in &hose name the legal challenge &as launched)
called it the !most important# decision from the court eer.
Another Tsilh6ot$in chief) Bernie +l%ins) said the ruling means that !on title lands
&e$re going to hae a eto. The days of easy infringement are gone. So it$s time to &a%e
up) come to the table 5$m tal%ing about goernments and industry and tal% to us
meaningfully.#
With files from Ale* Boutilier