Tsilhqot'in First Nation granted B.C. title claim in Supreme Court ruling

[Fred Sanders]

Source: CBC

The Supreme Court of Canada has granted declaration of aboriginal title to more than 1,700 square kilometres of land in British Columbia to the Tsilhqot'in First Nation, the first time the court has made such a ruling regarding aboriginal land.

First Nations 'ecstatic' over landmark ruling
B.C. reacts to historic land claim ruling

The unanimous 8-0 decision released Thursday resolves many important legal questions, such as how to determine aboriginal title and whether provincial laws apply to those lands. It will apply wherever there are outstanding land claims.

Read more: http://www.cbc.ca/news/politics/tsilhqot-in-first-nation-granted-b-c-title-claim-in-supreme-court-ruling-1.2688332

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Legal experts say that native Canadians with treaty land must be consulted and Give consent to any construction or resource project on their lands, the only exemption is if there is a paramount national interest, with burden of proof on the developer or government.

[Fred Sanders]

1. Government and corporations used to have to "consult", now the First Nation must "consent".

A simple clarification with a now clear playing field for all interested parties, the Harper government should embrace this unanimous decision, including all his own appointees, instead of more whining and attacking the credibility of the Court.

These communities will now have real power and be able to negotiate as true owners and stewards of their now titled, not just treaty, lands. Title versus treaty, title to the land is stronger.

[Cha]

2. Thanks Fred!

[Judi Lynn]

3. Win for 'Rightful Stewards of the Land': Canadian Court Sides With First Nations

Published on Thursday, June 26, 2014 by Common Dreams

Win for 'Rightful Stewards of the Land': Canadian Court Sides With First Nations

Ruling marks first time Canadian Supreme Court grants aboriginal land title

- Max Ocean, editorial intern

In a landmark ruling on Thursday with potential implications for the planned Northern Gateway pipeline, Canada's Supreme Court unanimously granted an aboriginal land title to the Tsilhqot'in First Nation, giving them claim to more than 1,700 square kilometers in British Columbia.
"British Columbia breached its duty to consult owed to the Tsilhqot'in through its land use planning and forestry authorizations," the 81-page decision (pdf) states.

"I didn't think it would be so definitive," said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. "I was actually prepared for something much less."

The decision rejected the narrow view of what qualified for protection under aboriginal rights from a 2012 ruling by the B.C. Court of Appeal. While the lower court had said aboriginal groups must be able to prove intensive historical use of a specific site, Thursday's decision accepts a broader set of criteria particularly important for the Tsilhqot'in, a historically "semi-nomadic" people. Indigenous groups must now prove a looser definition of occupation, continuity of habitation on the land, and exclusivity in an area in order to be granted a title.

"It only took 150 years, but we look forward to a much brighter future," said Chief Phillip. "This without question will establish a solid platform for genuine reconciliation to take place in British Columbia."

The ruling will potentially apply to any lands in the country that were never ceded to the crown, including lands which the Northern Gateway pipeline is slated to run through, and many others that have been the sites of development and resource extraction.

More:
http://www.commondreams.org/headline/2014/06/26-5

[Fred Sanders]

4. Revolutionary decision for aboriginal people and the Canadian nation and for justice.

Corporations should welcome the ability to negotiate with land owners.

Northern Gateway pipeline to the tar sands is entirely in the control of the First Nation land owners.
Considerable implications for America, the XL pipeline and even for climate change.

[ROFF]

5. Do the math

British Colombia has a land mass of 921,186 square kilometres. 1,700 square kilometres is a very small amount. Somewhat under one percent, way under.

[Fred Sanders]

6. I think you missed the point. This applies to all treaty lands. BC is huge, true that.

[Monk06]

7. Well Northern Gateway just got a lot more iffy. This may be the stake in the heart of big oil.