Major Victory: Canadian Supreme Court Hands Tsilhqot’in Aboriginal Title

ICTMN Staff
6/26/14

According to the APTN the Supreme Court of Canada granted a decision today in favor of the First Nations community Tsilhqot’in.

“The Supreme Court granted a declaration of Aboriginal title to the Tsilhqot’in over 1,750 square kilometres [675 square miles) of territory in a historic ruling,” APTN states.

APTN goes on to note: “this is the first time the high court has ever granted a declaration of Aboriginal title to a First Nation.”

What comes with the decision is the acknowledgment of indigenous nations rights to claim occupancy and control over vast swaths of land beyond specific settlement sites.

The Tsilhqot’in Nation has a population of 3,000 people and covers six communities.

The Supreme Court overruled the decisions by British Columbia and Ottawa which opposed the Tsilhqot’in claim to title.

In doing so, the Supreme Court questioned an earlier decision by the B.C. Court of Appeal saying the courts definition of occupancy was too narrow.

The Court of Appeal ruling came in 2012 when the court heard the First Nations bands were “semi-nomadic” with few permanent encampments, despite seeing the area as their own while protecting it from outsiders according to a CBC News story.

“There is no suggestion in the jurisprudence or scholarship that Aboriginal title is confined to specific village sites or farms, as the court of appeal held,” the ruling said via APTN. “Rather, a culturally sensitive approach suggests that regular use of territories for hunting, fishing, trapping and foraging is ‘sufficient’ use to ground Aboriginal title.”

“On behalf of the First Nations across the country, we extend our congratulations and convey our gratitude to Chief Roger William, the Xeni Gwet’in and the Tsilhqot’in National Government for their leadership and determination in bringing this case forward and taking on this challenge over the past 25 years,” AFN spokesperson and Regional Chief for Quebec/Labrador Ghislain Picard said. “This is truly a landmark decision that compels us all to embark on a new course. The court has clearly sent a message that the Crown must take Aboriginal title seriously and reconcile with First Nations honourably. This decision will no doubt go down in history as one of the most important and far reaching ever rendered by the Supreme Court of Canada.”

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andre's picture
andre
Submitted by andre on
The court has clearly sent a message that the Crown must take Aboriginal title seriously and reconcile with First Nations honourably. This decision will no doubt go down in history as one of the most important and far reaching ever rendered by the Supreme Court of Canada.” I'm very happy the court has for once reached a 'right' decision. Andre Leonard,

David E.H. Smith's picture
David E.H. Smith
Submitted by David E.H. Smith on
But, Prime Minister Harper, will the Supreme Court's decision make it easier for global corporations & shareholders: to sue Native Canadian beneficiaries of the the Supreme Court of Canada's "Tsilhqot’in Decision" which recognizes Native Canadian title of land, or, to sue the Native Canadians that are following the American-born Thomas Eugene Flanagan down the rose path to Native Canadian municipalities? For the more Information & Questions regarding the above, see; Facebook; "David Smith, Sidney, BC", &/or, Google "David E.H. Smith", for the accessing RECENT ARTICLES, CORRESPONDENCES & NOTIFICATIONS. 22) (RSN) DEATH of FIRST NATIONS; NOW "SUE-ABLE" NATIVE "FIRST MUNICIPALITIES"; "EMANCIPATION" & "Indigenous Economies"?

David E.H. Smith's picture
David E.H. Smith
Submitted by David E.H. Smith on
James Bay Treaty just one of the Treaties to be Reopened to Embrace The WAD Accord. Shareholders to pay penalties & damages? EU – Canada CETAgreement, TPPartnership, Canada – China Investment Treaty, et al, face new scrutiny. Repatriating secret off-shore profits, goods, services & co-manufacturing natural resources deals on the table? (CAN) - It may be that lawyer Murray Klippenstein, et al, may not be aware of The Compensation that is embodied in The W.A.D. Accord, when he said; "Tsilhqot'in First Nation ruling means revisiting the James Bay Treaty...", but, his potential clients, et al, can not be deprived of all, &/or, some of the information in The Accord as a privilege granted by corporate Canada & its representatives in, &/or, its associates with the political parties that are operating in Canada. However, once one has had the opportunity to read even just the short version of The Accord, it's clear that all of the existing treaties between Native Canadians & the government of Canada have to be reopened in order to provide the information that a psychologist concurred with regarding the relationship BETWEEN: the DEPRIVATION of the most vulnerable Native community members, et al, of the simplest & most basic information, such as the information in The W.A.D. Accord* (aka; The Australian Question). AND the high rates of: 1) SUICIDES, 2) despair, 3) disenchantment, 4) unemployment, 5) poverty, & 6) etc., that are found in many Native communities, et al, across Canada. see; "HELP is on the WAY?". Similarly, the treaties that are in the process of being secretly negotiated (with Native communities) will have to include provision for The Accord information, including The Compensation. However, what 95% - 99% of Canadians, both; Native & non Native, et al, do not seem to be considering is that part of the secrecy that is covering the negotiations of: the Canada - China Investment Treaty (C-CIT), the Canada - Euorpean Union Comprehensive Economic & Trade Agreement (CETA), the Trans Pacific Partnership (TPP), et al, is caused by corporate Canada's need to keep the aforementioned information in The WAD Accord & its financial implications from the other potential signatories of the aforementioned "arrangements", whereby the NON shareholders have to pay the punitive penalties & "damages" awarded by the secret ("Star Chamber") tribunals & NOT the beneficiaries of the enterprises that can be derived from the aforementioned treaties, agreements, etc., ie. corporate Canada & its shareholders & potential shareholders. To access "SECRET TPPartnership, C-CITreaty & CETA TRIBUNALS are INSIDER TRADING..." and For the more information that may lead the most vulnerable community members & non shareholders, corporate China and corporate European Union & their shareholders & the non shareholders, et al, to a greater certainty regarding what corporate Canada may be sharing with the individual interested parties regarding the accessing of the aforementioned, information & Canadian natural resources, et al, I can be contacted at: Facebook; "David Smith, Sidney, BC", &/or, Google "David E.H. Smith", for the accessing RECENT ARTICLES, CORRESPONDENCES & NOTIFICATIONS. David E.H. Smith - Researcher - "Qui tam..."
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