indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
First Nations from British Columbia win major land title decision

Filed Under: Canada | Law
More on: british columbia, energy
     


Fish Lake in British Columbia, part of the aboriginal territory of the Tsilhqot’in Nation. Photo from Protect Fish Lake

The highest court in Canada issued a landmark decision today, recognizing Native title in British Columbia and defining what it means.

The Tsilhqot’in Nation, a coalition of First Nations, laid claim to about 656 square miles in the western region of the province. The Supreme Court of Canada affirmed their title to the land and said they have a right to use, enjoy and profit from it.

"In simple terms, the title holders have the right to the benefits associated with the land — to use it, enjoy it and profit from its economic development," the decision stated. "As such, the Crown does not retain a beneficial interest in Aboriginal title land."

The decision does not mean the First Nations outright own the land. But the court said the Canadian government must obtain their consent before allowing development.

"The right to control the land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders," the decision stated.

In the event consent is not granted, the court said development can only proceed under Section 35 of the Constitution Act, 1982.

Specifically, the court said the following conditions must be met:
  1. the government must discharge its procedural duty to consult and accommodate;
  2. the government must show how its actions are backed by a compelling and substantial objective; and
  3. the governmental must show how its actions are consistent with the Crown’s fiduciary obligation to the First Nations

"We all heard the decision at the same moment, and the room just erupted in cheers and tears. Everybody is absolutely jubilant. It's very emotional," Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs told CBC News, describing the scene in a Vancouver office where Native leaders gathered to await the decision.

The ruling gives First Nations in B.C. even more leverage over the potential construction of the $7.9 billion Enbridge Northern Gateway Pipeline that crosses their aboriginal territories.

Get the Story:
Tsilhqot'in First Nation granted B.C. title claim in Supreme Court ruling (CBC 6/26)
‘Tears and cheers’ greet historic Supreme Court ruling handing Tsilhqot’in major victory (APTN 6/26)
Supreme Court expands land-title rights in unanimous ruling (The Globe and Mail 6/26)
Supreme Court’s land-rights ruling could imperil Northern Gateway pipeline (The Globe and Mail 6/26)

Decision from the Supreme Court of Canada:
Tsilhqot’in Nation v. British Columbia (June 26, 2014)

Related Stories:
First Nations prepared for battle over pipeline through territory (06/18)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Quinault Nation prepares for journey to Standing Rock encampment (12/2)
Doug George-Kanentiio: Iroquois prophecies warn of grave dangers (12/2)
Brandon Ecoffey: Media gets it wrong on Dakota Access frontlines (12/2)
Bronson Koenig: What I found during my journey to Standing Rock (12/2)
Timothy Egan: Fake cowboys cheered while the real Indians suffer (12/2)
Lakota Country Times: Laced marijuana finds its way to Pine Ridge (12/2)
Native Sun News Today: Owner of Wounded Knee site lowers price (12/2)
David Ganje: An opportunity for tribes to clean up their homelands (12/2)
Mary Annette Pember: Tribal member arrested for string of arsons (12/2)
Tiffany Midge: The women are here and we have a message for you (12/2)
Standing Rock Sioux Tribe calls for safety as veterans head to camp (12/1)
North Dakota sheriff scrubs Facebook of incriminating information (12/1)
Sen. Heidi Heitkamp considers role in Donald Trump administration (12/1)
Daniel Brown: Ho-Chunk Nation celebrates a new day in Wisconsin (12/1)
Lakota Country Times: #NoDAPL kitchen in need of more supplies (12/1)
Native Sun News Today: Standing Rock Sioux Tribe summons allies (12/1)
Vi Waln: Sacred fire burns at Oceti Sakowin camp in North Dakota (12/1)
Ivan Star Comes Out: Veterans at Standing Rock for the good fight (12/1)
Native Sun News Today: Duane Big Crow relishes role in coaching (12/1)
Clara Caufield: Community at Northern Cheyenne stays connected (12/1)
Steven Newcomb: A message to the Donald Trump administration (12/1)
Alaska Native designer brings subsistence fashion to new audience (12/1)
Tohono O'odham Nation and state remain at odds in casino dispute (12/1)
United Keetoowah Band won't talk about plans for potential casino (12/1)
Wilton Rancheria continues to face mysterious opposition to casino (12/1)
Non-Indian firm set to open $1.3B casino outside of nation's capital (12/1)
Native youth remain hopeful as nation transitions to new president (11/30)
Sioux Nation to President Obama: Stop the Dakota Access Pipeline (11/30)
Mark Trahant: Indian health care at risk with Trump administration (11/30)
Lakota Country Times: Herbalist brings medicine to Standing Rock (11/30)
Dana Lone Hill: A big 'wopila' to all the #NoDAPL water protectors (11/30)
Kelly Hayes: My whole heart is with the #NoDAPL water protectors (11/30)
Large veterans group heads to #NoDAPL frontline in North Dakota (11/30)
Native Sun News Today: Northern Cheyenne college hosts summit (11/30)
James Giago Davies: Mixed-race Indians forced to choose identity (11/30)
Cronkite News: Navajo chef takes helm at NMAI in nation's capitol (11/30)
Billy Stratton: The soldiers who refused the Sand Creek Massacre (11/30)
Gabriel Ray: Scotts Valley Band working to re-establish homeland (11/30)
Steve Russell: Resisting apartheid and genocide in the Trump era (11/30)
Charges filed after two children found malnourished at Pine Ridge (11/30)
Four Alaska Natives dead amid state outbreak of strep bacteria (11/30)
Pokagon Band breaks ground on housing project on Indiana land (11/30)
Ancestral remains found in Washington are about 2300 years old (11/30)
Former casino worker took $23K from Northern Cheyenne Tribe (11/30)
Sheriff hit with lawsuit as governor moves in on #NoDAPL camp (11/29)
Dakota Access Pipeline almost finished except at Lake Oahe site (11/29)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.