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 (4)

How this entity was disambiguated

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 ⓘ
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 ⓘ
dateDecided 2014-06-26 ⓘ
decisionBy Chief Justice Beverley McLachlin ⓘ
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 ⓘ
Province of British Columbia ⓘ
linked to: British Columbia

Tsilhqot'in Nation ⓘ
jurisdiction British Columbia ⓘ
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

Referenced by (5)

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 ⓘ
linked to: Tsilhqot'in Nation v. British Columbia
Tsilhqot’in Nation → hasLegalCase → Tsilhqot’in Nation v. British Columbia ⓘ
linked to: Tsilhqot'in Nation v. British Columbia
Tsilhqot’in Nation → legalVictory → 2014 Supreme Court of Canada Aboriginal title decision ⓘ
linked to: Tsilhqot'in Nation v. British Columbia
Canadian Aboriginal law → keyCase → Tsilhqot’in Nation v British Columbia ⓘ
linked to: Tsilhqot'in Nation v. British Columbia