Canada | Opinion

Column: Native title decision poses major test for government

Wednesday, July 2, 2014

Fish Lake in British Columbia, part of the aboriginal territory of the Tsilhqot’in Nation. Photo from Protect Fish Lake

Columnist discusses the landmark Native title decision in Tsilhqot’in Nation v. British Columbia:

While last week’s Supreme Court of Canada decision on aboriginal title raised doubts about the plan to pipe Alberta bitumen through B.C., the more immediate impact is likely to be on the management of provincial forests.
The landmark title case originated three decades ago with a challenge by the Tsilhqot’in people to provincially approved commercial logging within their traditional territory in the central Interior.
The high court resolved the case by 1) confirming aboriginal ownership over much of the affected territory and 2) finding that the province breached its duty to consult the Tsilhqot’in and accommodate their interests over the use of their land and resources.
The far-reaching decision by Chief Justice Beverley McLachlin on behalf of a unanimous court had major implications for the continued application of provincial laws to Crown forests that are mostly subject to claims of aboriginal title.
Where clear title has been established — the Tsilhqot’in being the first but certainly not the last case where that has been accomplished — the province would have to amend the Forest Act and other legislation “to explicitly apply to lands over which title has been confirmed.”
Even then, there would be limits: “Provincial laws of general application, including the Forest Act, should apply unless they are unreasonable, impose a hardship or deny the aboriginal title holders their preferred means of exercising their rights.”

Get the Story:
Vaughn Palmer: First Nations title decision makes B.C. forest policy a balancing act (The Vancouver Sun 7/1)

Another Opinion:
Hamar Foster: Two sides of the First Nations land-title coin (The Victoria Times Colonist 7/2)

Decision from the Supreme Court of Canada:
Tsilhqot’in Nation v. British Columbia (June 26, 2014)