Implications Of The Supreme Court Decision On Aboriginal Title

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the concept existed only in theory.

The long anticipated decision addresses 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 and upholding the trial judge's findings of fact that a declaration of title to those areas was made out on the evidence. The decision sets a precedent for how title claims will be sought and established in the future and raises questions about how land claims processes will operate.