Tsilhqot'in Nation v. British Columbia

E927672

Aboriginal law case Canadian constitutional law case Supreme Court of Canada decision landmark court decision

Tsilhqot'in Nation v. British Columbia is a landmark 2014 Supreme Court of Canada decision that for the first time recognized Aboriginal title to a specific tract of land, affirming the Tsilhqot'in people's land rights and significantly shaping Indigenous land claims law in Canada.

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Observed surface forms (1)

Surface form	Occurrences
Tsilhqot’in Nation v. British Columbia	1

Statements (47)

Predicate	Object
instanceOf	Aboriginal law case ⓘ Canadian constitutional law case ⓘ Supreme Court of Canada decision ⓘ landmark court decision ⓘ
appliedDoctrine	duty to consult and accommodate ⓘ justification test for infringement of Aboriginal rights ⓘ section 35 of the Constitution Act, 1982 ⓘ
bindingOn	federal government of Canada NERFINISHED ⓘ provincial governments in Canada ⓘ
citation	2014 SCC 44 ⓘ
clarified	Crown obligations when infringing Aboriginal title ⓘ Crown’s underlying title is burdened by Aboriginal title ⓘ requirements of sufficient, continuous and exclusive occupation for Aboriginal title ⓘ test for proof of Aboriginal title in Canada ⓘ
country	Canada ⓘ
court	Supreme Court of Canada NERFINISHED ⓘ
dateDecided	2014-06-26 ⓘ
decisionBy	Chief Justice Beverley McLachlin NERFINISHED ⓘ
held	that Aboriginal title confers the right to decide how land is used ⓘ that Aboriginal title includes the right to enjoy, occupy and possess the land ⓘ that economic development on Aboriginal title land requires consent or justification ⓘ that governments must obtain consent of title-holding Indigenous group for major uses of title land ⓘ that provincial laws of general application can apply to Aboriginal title lands subject to constitutional limits ⓘ that semi-nomadic Indigenous groups can establish Aboriginal title ⓘ
impact	influenced resource development and consultation practices in Canada ⓘ set precedent for recognition of Aboriginal title over large territories ⓘ shaped Canadian Aboriginal law jurisprudence ⓘ strengthened Indigenous land claims in Canada ⓘ
interpretsProvision	section 35(1) of the Constitution Act, 1982 ⓘ
involvesParty	Attorney General of Canada NERFINISHED ⓘ Province of British Columbia NERFINISHED ⓘ Tsilhqot'in Nation NERFINISHED ⓘ
jurisdiction	British Columbia NERFINISHED ⓘ
language	English ⓘ
legalArea	Aboriginal title ⓘ Indigenous land rights ⓘ constitutional law ⓘ property law ⓘ
panel	unanimous Supreme Court of Canada ⓘ
precedentFor	future Aboriginal title claims in Canada ⓘ
recognized	Aboriginal title to a specific tract of land ⓘ Tsilhqot'in Nation Aboriginal title ⓘ
result	appeal allowed in part ⓘ declaration of Aboriginal title granted ⓘ
subjectMatter	Tsilhqot'in traditional territory in central British Columbia ⓘ
typeOfRightRecognized	collective Aboriginal title right ⓘ
yearDecided	2014 ⓘ

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Tsilhqot'in people → legalCase → Tsilhqot'in Nation v. British Columbia ⓘ

Delgamuukw v. British Columbia → relatedCase → Tsilhqot'in Nation v. British Columbia ⓘ

this entity surface form: Tsilhqot’in Nation v. British Columbia