Can First Nations Claim Aboriginal Rights And Title As Well As Treaty Rights?

Yes, said the Court of Appeal for British Columbia (Court) in its recent decision in Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations). The Court found that the provincial Crown had not adequately consulted the Kwakiutl First Nation regarding provincial decisions between 2007 and 2012 to remove private lands from a Tree Farm Licence and to approve and renew a Forest Stewardship Plan in Kwakiutl traditional territory. The Crown consulted the Kwakiutl regarding their Douglas Treaty rights, but ignored their asserted aboriginal rights and title claims. The Court held that this was the wrong approach.

This case challenges provincial policy regarding the Douglas Treaties and expressly leaves open the question of whether the Douglas Treaties extinguished aboriginal rights and title.