Introduction
On June 26, 2014 the Supreme Court of Canada (the
"SCC") released its much anticipated decision in
Tsilhqot'in Nation v. British Columbia1. The case is
significant, in part, because it is the first SCC decision where
the applicant, First Nation, successfully proved its claim to
Aboriginal title. The case also provides further guidance for
government and industry interested in new developments on lands
that are subject to Aboriginal title. Overall, it is a logical and
natural evolution of the jurisprudence developed by the SCC in
cases such as Calder2,
Guerin3, Sparrow4and
Delgamuukw5.
Background
The Tsilhqot'in Nation (the "Tsilhqot'in") is
a group of six indigenous semi-nomadic bands situated in British
Columbia. In 1983, the Government of British Columbia granted a
commercial logging licence for an area that the Tsilhqot'in
considered part of their traditional territory. In lengthy reasons,
which followed a 339-day trial spanning over a
