Skip to content

'A new Canada'

Supreme Court grants land title to Tsilhqot’in Nation

The Tsilhqot'in Nation was granted Aboriginal title of its traditional territory in central British Columbia in a landmark ruling by the Supreme Court of Canada on June 26.

The historic decision, which overturned a 2007 provincial appeal court ruling unanimously 8-0, is expected to significantly alter future discussions about land use and economic development in the area, such as forestry and mining projects, and puts the onus on government to seek consent and respect Aboriginal interests, while justifying any future incursions on title lands.

The ruling is the first time the Supreme Court has recognized a First Nation's title to a specific tract of land, and it opens the door for land claims by other First Nations engaged in ongoing territorial disputes with industry and government.

“This case
is about us regaining our independence – to be able to govern our own nation and rely on the natural resources of our land,” said Chief Joe Alphonse, Tsilhqot’in
National Government Tribal chair, in a press release.

“Under our own laws and teachings, there is no question that these are our
lands. This is the end of denying rights and title.”

The Aboriginal title includes approximately 2,000 square kilometres in the Cariboo-Chilcotin, to the south and west of Williams Lake.

Roger William, Chief of the Xeni Gwet'in band, one of six that make up the Tsilhqot'in First Nation, was the plaintiff in the case on behalf of the Tsilhqot'in Nation.

The Supreme Court found the province breached its duty to consult the Tsilhqot’in people about commercial logging on their lands and now that title has been established, the timber on it no longer falls within the definition of “Crown timber” and the Forest Act no longer applies.

Citing the significance of the decision and the need to examine it further, Attorney General and Minister of Justice Suzanne Anton was limited in her response to reporters.

Regarding amendments to the Forest Act, she said it's too early to say what specific changes the government will be making.

However, Anton noted that as the courts have made clear, negotiation is preferable to litigation with respect to First Nations issues, and treaty negotiations will continue.

“We've seen the benefits that come to First Nations communities, and indeed to all of us, when First Nations have the opportunity to fully participate in the economy. We know that industry supports the approach that creates certainty on the land base. That has to continue.”

Cariboo-Chilcotin MLA Donna Barnett said the decision could potentially enhance economic development in the future by creating that certainty, “depending on how we can all sit at the table and work together in the best interest of everyone.”

“We've had some differences, but we've had a lot of successes with our First Nations communities. I think this will be an opportunity for us to all move forward together.”

Chief Alphonse said “it's a new Canada.”

“We're hopeful this means the end of poverty for a lot of our people. It's going to help us in terms of governance-related issues and how we look after our own people and relying on the natural resources around our territory.”

At the same time, Alphonse made clear this isn't a case of the Tsilhqot'in First Nation separating from Canada.

“We want to be part of larger society and we believe in this country.”

Following the Supreme Court's decision, the Tahltan Nation of Dease Lake in northern B.C. announced its intention to prepare an Aboriginal title and rights claim against the province and Fortune Minerals Ltd., a North American resource company developing the Arctos Anthracite Project, a huge metallurgical coal project in northwestern B.C.

“Today is a proud day for the Tsilhqot'in Nation and all First Nations of B.C.,” said Tahltan Central Council president Annita McPhee in a news release.

“This historic ruling re-affirms what the Tahltan people have been saying for over a hundred years – this is our territory, and we have never surrendered our title. The province and Canada will now have to respect that title and stop unilaterally making decisions without our consent.”