TSILHQOT’IN NATION V. BRITISH COLUMBIA: Aboriginal Title and Section 35
to appear in Canadian Business Law JournalSwain, Harry & Baillie, James
Published: March 2015
Keywords: Tsilhqot'in, Supreme Court of Canada, Judge-made law, Aboriginal title, Aboriginal land claims, Section 35, Constitutional law
Abstract: In Tsilqot'in Nation v. British Columbia, the Supreme Court of Canada confirmed aboriginal title over 1,759 square kilometres of British Columbia, a first for a common-law country. This most recent in a continuing line of SCC decisions illustrates some consequences of law made in the absence of Parliamentary guidance, and poses novel uncertainties for First Nations, resource developers, and provincial governments.
Disciplines: Governance
Publication: Tsilhqotin case review 13.pdf