Canada's first finding of aboriginal title: Tsilhqofin Nation v. BC

摘要

On June 26, 2014, the Supreme Court of Canada (SCC) granted the appeal of the Tsimqot'mNation,confirmingtheiraboriginal title over tracts of Crown land in B.C. Until this landmark decision, previous claims of aboriginal title had failed to meet the stringent test set out in the SCC's 1997 decision in Delgamuukw for aboriginal title to lands: the aboriginal claimant must demonstrate that their occupation of the lands before sovereignty was sufficient, continuous and exclusive. By demonstrating that the Tsilhqot'in Nation's semi-nomadic ancestors had hunted, fished and gathered on the lands prior to sovereignty to the exclusion of others and that the Tsilhqot'in Nation continues to use the lands today, the Tsilhqot'in Nation had their right to control such lands assured through a declaration of aboriginal title.