Undoubtedly, Supreme Court of Canada Chief Justice Beverley McLachlin’s June 26 ruling in favour of the Tsilhqot’in Nation’s claim of Aboriginal title to approximately 1,800 square kilometres of land in the Nemiah Valley southwest of Williams Lake will change land claims and resource extraction projects in British Columbia.
Xeni Gwet’in Band Chief Roger William initiated the original court case on behalf of the Tsilhqot’in Nation in B.C. Supreme Court by seeking Aboriginal title on 450,000 hectares in the Cariboo-Chilcotin, as well as the right to hunt and trap in the claim area, and to trade animal skins and pelts.
In 2007, B.C. Supreme Court Justice David Vickers ruled the Tsilhqot’in had Aboriginal title to 190,000 hectares, but due to a procedural defect, there wasn’t a declaration of title; the Tsilhqot’in had the right to hunt, trap and trade; and provincial laws cannot apply to Aboriginal title.
In 2012, Chief William, and the governments of Canada and British Columbia appealed Justice Vickers’ decision, but the Court of Appeal threw out all three appeals.
The court also expressed different opinions on Aboriginal title in that the title must be for a specific area of land and not on a territorial basis. However, the court agreed with Justice Vickers in that the Forest Act infringed on the Tsilhqot’in Aboriginal rights.
In 2013, Chief William appealed the Court of Appeal decision to the Supreme Court of Canada.
On June 26, 2014, Chief Justice McLachlin ruled the provincial government overstepped its authority by issuing a logging permit in the Nemiah Valley in 1983 and, thereby, upheld Justice Vickers’ decision regarding Aboriginal title.
More importantly, however, she provided guidance and clarity on the continuing validity of provincial laws and their general application. The Chief Justice also offered clarity on the “scope of consultation and accommodation applicable to lands that Aboriginal title is asserted or proven.”
Aboriginal people now have legal right to be significant players in the development and extraction of natural resources.
Meanwhile, following the Tsilhqot’in decision, the Tahltan Nation of Dease Lake announced it would be seeking Aboriginal title and rights claim against the province and a metallurgical coal extraction company.
The Haida Nation, which claims title to the ocean around Haida Gwaii, also announced it’s preparing an Aboriginal title case for trial, and that would be a challenge for tanker traffic.
B.C. is in for an interesting time, and it will require patience, consultation and respect to keep land claims out of the courtroom.
