Assessing The Implications Of The Tsilhqot’in Decision On Resource Development Projects In Canada

As discussed in our earlier blog posting, the Supreme Court of Canada (SCC) recently released its decision in Tsilhqot'in Nation v British Columbia (2014 SCC 44), a decision which granted a declaration of title over a tract of Crown lands located in interior British Columbia (BC) to the Tsilhqot'in Nation (Tsilhqot'in). As Aboriginal groups celebrate the SCC decision, parties involved in resource development across Canada are no doubt dissecting the decision to assess the potential implications of the decision for their projects.

The effects of the Tsilhqot'in decision will be felt most by projects in parts of Canada where Aboriginal land claims are unsettled. Since the majority of Aboriginal groups in BC have not yet signed treaties, there has been uncertainty around land and resource use.  Whether a project involves a pipeline, shale gas development, LNG or mining, if the project has the potential to infringe on Aboriginal rights or title, governments and