Tsilhqot'in Nation v. British Columbia
E927672
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.
All labels observed (2)
| Label | Occurrences |
|---|---|
| Tsilhqot'in Nation v. British Columbia canonical | 1 |
| Tsilhqot’in Nation v. British Columbia | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T11478595 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Tsilhqot'in Nation v. British Columbia Context triple: [Tsilhqot'in people, legalCase, Tsilhqot'in Nation v. British Columbia]
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A.
Heiltsuk Nation v. British Columbia
Heiltsuk Nation v. British Columbia is a Canadian court case in which the Heiltsuk First Nation challenged provincial authority and asserted their Aboriginal rights and title over traditional territories and marine resources on the Pacific coast.
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B.
Delgamuukw v. British Columbia
Delgamuukw v. British Columbia is a landmark 1997 Supreme Court of Canada decision that fundamentally defined and affirmed the nature, scope, and constitutional protection of Aboriginal title in Canada.
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C.
British Columbia Treaty Process
The British Columbia Treaty Process is a negotiation framework established to resolve outstanding land claims and define modern treaty relationships between First Nations, the provincial government, and the federal government in British Columbia.
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D.
Nisga’a Final Agreement
The Nisga’a Final Agreement is a landmark modern treaty in British Columbia that recognizes Nisga’a self-government and land rights, serving as a key model for contemporary Indigenous–Crown agreements in Canada.
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E.
R. v. Sparrow
R. v. Sparrow is a landmark 1990 Supreme Court of Canada decision that affirmed and clarified the constitutional protection of Indigenous fishing rights under section 35 of the Constitution Act, 1982.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Tsilhqot'in Nation v. British Columbia Target entity description: 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.
-
A.
Heiltsuk Nation v. British Columbia
Heiltsuk Nation v. British Columbia is a Canadian court case in which the Heiltsuk First Nation challenged provincial authority and asserted their Aboriginal rights and title over traditional territories and marine resources on the Pacific coast.
-
B.
Delgamuukw v. British Columbia
Delgamuukw v. British Columbia is a landmark 1997 Supreme Court of Canada decision that fundamentally defined and affirmed the nature, scope, and constitutional protection of Aboriginal title in Canada.
-
C.
British Columbia Treaty Process
The British Columbia Treaty Process is a negotiation framework established to resolve outstanding land claims and define modern treaty relationships between First Nations, the provincial government, and the federal government in British Columbia.
-
D.
Nisga’a Final Agreement
The Nisga’a Final Agreement is a landmark modern treaty in British Columbia that recognizes Nisga’a self-government and land rights, serving as a key model for contemporary Indigenous–Crown agreements in Canada.
-
E.
R. v. Sparrow
R. v. Sparrow is a landmark 1990 Supreme Court of Canada decision that affirmed and clarified the constitutional protection of Indigenous fishing rights under section 35 of the Constitution Act, 1982.
- F. None of above. chosen
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 ⓘ |
How these facts were elicited
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Subject: Tsilhqot'in Nation v. British Columbia Description of subject: 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.
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.