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ARTICLE · 01 JULY 2014

Supreme Court Decision On Aboriginal Title Raises Questions For Resource Development

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On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia.

CanadaEnergy and Natural Resources
Laura Gill
Laura Gill
E. Mellett
E. Mellett
Brian Monaco
Brian Monaco
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On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant issues affecting Aboriginal title and provincial jurisdiction over those lands.

First, the Supreme Court granted the Tsilhqot'in First Nation a declaration of title over the non-treaty claimed lands, clarifying that the test to establish Aboriginal title requires sufficient, continuous (where present occupation is relied on) and exclusive occupation of the land claimed.

Secondly, the Court confirmed that even where Aboriginal title is established, provincial laws may continue to apply, subject to considerations of justified infringement under s. 35 of the Constitution Act, 1982.

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