Two recent Supreme Court of Canada decisions provide guidance on
how provincial governments must proceed when engaging in resource
development on lands subject to Aboriginal title or to treaty
agreements.
Tsilhqot'in Nation – Aboriginal Title
Tsilhqot'in Nation v British Columbia1.
represents the first time that a claim for Aboriginal title has
been successful. However, this case is just the latest in a series
of decisions on Aboriginal title dating back to
Calder2. from the early 1970's. At issue
was whether the province of British Columbia had acted in
accordance with the law when it granted a commercial logging
license to lands claimed by the Tsilhqot'in Nation. The Court
held that the lands in question were covered under Aboriginal
title, and that the Province had failed to properly consult and
accommodate the Aboriginal group. The Court also clarified a number
of issues surrounding Aboriginal title, including its content, the
test for establishing it, how
