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ARTICLE · 01 AUGUST 2014

Aboriginal Title And Its Implications

On June 26, 2014 the Supreme Court of Canada released a landmark decision concerning Aboriginal rights and title in the Tsilhqot’in Nation v. British Columbia case.

CanadaGovernment, Public Sector

On June 26, 2014 the Supreme Court of Canada released a landmark decision concerning Aboriginal rights and title in the Tsilhqot'in Nation v. British Columbia1 case.

In a unanimous decision, the Supreme Court of Canada confirmed that the Tsilhqot'in Nation holds Aboriginal title to over 4000 square kilometers of land west of Williams Lake. This decision is significant because it is the first judicial finding of Aboriginal title in Canada.

In the Tsilhqot'in Nation case, the Supreme Court of Canada confirmed that in order to establish a claim to Aboriginal title, a First Nation must be able to prove "sufficient occupation" of the land in question at the time of European settlement. Of importance is the Court's determination that "significant occupation" is not confined to specific settlement sites, as had been determined by the BC Court of Appeal, but extends to lands regularly used for hunting, fishing or otherwise exploiting resources and over which the First

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