SCC Sets Test For – And Defines Rights Of – Aboriginal Title In Canada

On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test for Aboriginal title in Canada – and decided that where there is Aboriginal title to land, the government must seek the consent of the title-holding Aboriginal group to proceed with developments on that land.   

In 1983, the BC Government issued logging licences under the BC Forest Act to a private company. The Tsilhqoti'in Nation asserted an Aboriginal title claim to land covered by those licences.  The SCC decided the Aboriginal title claim was valid – and 30 years later, the licences were not. In the course of its decision, the SCC significantly developed the law of Aboriginal title in Canada: