Helping understanding the Supreme Court's decision

摘要

While lawyers, analysts and journalists are depicting the Tsilhqot'in Nation v. British Columbia decision as "monumental," "landmark," "groundbreaking" and "historical," the active participants (developers, Aboriginal groups and government) are asking: What does it mean? What does this change? Despite the earth having apparently moved, one important principle has not changed following this decision. For parties desiring certainty in acquiring rights over lands claimed by First Nations, best practice remains to obtain consent from the affected groups, typically by way of a negotiated and binding agreement. However, the bargaining power now vested in groups that have viable claims to Aboriginal Tide is undeniable. Where such a claim exists, the ability of governments to override Aboriginal concerns is significantly constrained.