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In Parts I to V of this series on Tsilhqot’in Nation v. British Columbia, we examined the impact of proven Aboriginal title on Crown and treaty lands. In Part VI, we explore the answer to two important remaining questions: Is it possible for Aboriginal title to be proved over private land? If so, what effect…

In Part V of our seven-part series on Tsilhqot’in Nation v. British Columbia, we explore the implications of the decision on treaty land. Some commentators have suggested that while the Tsilhqot’in decision has significant implications for non-treaty land, land subject to treaty is generally not affected by Tsilhqot’in. Our view is that this is a…

As discussed in previous articles in this series, the Supreme Court of Canada’s Tsilhqot’in Nation v. British Columbia decision alters the legal landscape for development on proven Aboriginal title land: subject to a limited right of the government to infringe Aboriginal title where justified, Aboriginal groups have the exclusive right to decide how the land…

As discussed in Part I and Part II of this series on the Tsilhqot’in decision, proven Aboriginal title confers on an Aboriginal group the exclusive right to decide how the land is used and to benefit from those uses, subject to the right of the government to infringe Aboriginal title where justified. In Part III of…

In Part II of our seven-part series on Tsilhqot’in Nation v. British Columbia, we ask and answer the following important question: can government pass and enforce federal and provincial laws that apply Aboriginal title land? The short and simple answer is “yes” – even once Aboriginal title is proved over an area of land, as…

This is the first in a series of seven articles on the Supreme Court of Canada’s recent decision on Aboriginal title and its expected impacts. This article provides an overview of the key elements of the decision and poses the six key questions that we will answer in the coming weeks as part of this…