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ARTICLE · 17 JULY 2014

Supreme Court Of Canada Rules On Key Aboriginal Issues

Borden Ladner Gervais LLP
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The Supreme Court of Canada declared that the Tsilhqot'in Na­tion held Aboriginal title to a remote area located in south central British Columbia.

CanadaGovernment, Public Sector
Rick Williams
Rick Williams
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In its unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44 ("Tsilhqot'in"), released June 26, 2014 [found here] the Supreme Court of Canada declared that the Tsilhqot'in Nation held Aboriginal title to a remote area located in south central British Columbia, amounting to approximately 1700 square kms. The Court further held that while the Crown lost all beneficial interest in the lands, subject to its fiduciary duties owed to the Aboriginal title holders, it retained the legislative capacity to regulate land use and to justifiably infringe Aboriginal title.

BLG's Patrick G. Foy, Q.C. and Kenneth J. Tyler represented the Province of British Columbia on the argument of this appeal.

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