Win for 'Rightful Stewards of the Land': Canadian Court Sides With First Nations
Ruling marks first time Canadian Supreme Court grants aboriginal land title
In a landmark ruling on Thursday with potential implications for the planned Northern Gateway pipeline, Canada's Supreme Court unanimously granted an aboriginal land title to the Tsilhqot'in First Nation, giving them claim to more than 1,700 square kilometers in British Columbia.
"British Columbia breached its duty to consult owed to the Tsilhqot'in through its land use planning and forestry authorizations," the 81-page decision (pdf) states.
"I didn't think it would be so definitive," said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. "I was actually prepared for something much less."
The decision rejected the narrow view of what qualified for protection under aboriginal rights from a 2012 ruling by the B.C. Court of Appeal. While the lower court had said aboriginal groups must be able to prove intensive historical use of a specific site, Thursday's decision accepts a broader set of criteria particularly important for the Tsilhqot'in, a historically "semi-nomadic" people. Indigenous groups must now prove a looser definition of occupation, continuity of habitation on the land, and exclusivity in an area in order to be granted a title.
"It only took 150 years, but we look forward to a much brighter future," said Chief Phillip. "This without question will establish a solid platform for genuine reconciliation to take place in British Columbia."
The ruling will potentially apply to any lands in the country that were never ceded to the crown, including lands which the Northern Gateway pipeline is slated to run through, and many others that have been the sites of development and resource extraction.
"They are the rightful stewards of their lands, and should be the ones to decide if and how they are developed," said Maude Barlow, National Chairperson of the Council of Canadians, which intervened in the case in support of the Tsilhqot'in, in a statement released by the group. She stated her optimism that the decision is a sign "that there is no blank cheque for the Northern Gateway project."
While the Tsilhqot'in are overjoyed with the ruling, there may be some unforeseen negative aspects to it that will still allow for corporate exploitation of aboriginal lands. As the Toronto Star reports:
... [T]he ruling will also be welcomed by industry and governments because the high court says provincial and federal governments may regulate economic activity like forestry on title lands. Lawmakers can do so either by consulting and getting consent of the aboriginal group, or by establishing a pressing and substantial public purpose and ensuring the regulated activity fulfils the Crown's "fiduciary" duty to act in good faith for the benefit of aboriginal peoples.
_____________________
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
In a landmark ruling on Thursday with potential implications for the planned Northern Gateway pipeline, Canada's Supreme Court unanimously granted an aboriginal land title to the Tsilhqot'in First Nation, giving them claim to more than 1,700 square kilometers in British Columbia.
"British Columbia breached its duty to consult owed to the Tsilhqot'in through its land use planning and forestry authorizations," the 81-page decision (pdf) states.
"I didn't think it would be so definitive," said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. "I was actually prepared for something much less."
The decision rejected the narrow view of what qualified for protection under aboriginal rights from a 2012 ruling by the B.C. Court of Appeal. While the lower court had said aboriginal groups must be able to prove intensive historical use of a specific site, Thursday's decision accepts a broader set of criteria particularly important for the Tsilhqot'in, a historically "semi-nomadic" people. Indigenous groups must now prove a looser definition of occupation, continuity of habitation on the land, and exclusivity in an area in order to be granted a title.
"It only took 150 years, but we look forward to a much brighter future," said Chief Phillip. "This without question will establish a solid platform for genuine reconciliation to take place in British Columbia."
The ruling will potentially apply to any lands in the country that were never ceded to the crown, including lands which the Northern Gateway pipeline is slated to run through, and many others that have been the sites of development and resource extraction.
"They are the rightful stewards of their lands, and should be the ones to decide if and how they are developed," said Maude Barlow, National Chairperson of the Council of Canadians, which intervened in the case in support of the Tsilhqot'in, in a statement released by the group. She stated her optimism that the decision is a sign "that there is no blank cheque for the Northern Gateway project."
While the Tsilhqot'in are overjoyed with the ruling, there may be some unforeseen negative aspects to it that will still allow for corporate exploitation of aboriginal lands. As the Toronto Star reports:
... [T]he ruling will also be welcomed by industry and governments because the high court says provincial and federal governments may regulate economic activity like forestry on title lands. Lawmakers can do so either by consulting and getting consent of the aboriginal group, or by establishing a pressing and substantial public purpose and ensuring the regulated activity fulfils the Crown's "fiduciary" duty to act in good faith for the benefit of aboriginal peoples.
_____________________
In a landmark ruling on Thursday with potential implications for the planned Northern Gateway pipeline, Canada's Supreme Court unanimously granted an aboriginal land title to the Tsilhqot'in First Nation, giving them claim to more than 1,700 square kilometers in British Columbia.
"British Columbia breached its duty to consult owed to the Tsilhqot'in through its land use planning and forestry authorizations," the 81-page decision (pdf) states.
"I didn't think it would be so definitive," said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. "I was actually prepared for something much less."
The decision rejected the narrow view of what qualified for protection under aboriginal rights from a 2012 ruling by the B.C. Court of Appeal. While the lower court had said aboriginal groups must be able to prove intensive historical use of a specific site, Thursday's decision accepts a broader set of criteria particularly important for the Tsilhqot'in, a historically "semi-nomadic" people. Indigenous groups must now prove a looser definition of occupation, continuity of habitation on the land, and exclusivity in an area in order to be granted a title.
"It only took 150 years, but we look forward to a much brighter future," said Chief Phillip. "This without question will establish a solid platform for genuine reconciliation to take place in British Columbia."
The ruling will potentially apply to any lands in the country that were never ceded to the crown, including lands which the Northern Gateway pipeline is slated to run through, and many others that have been the sites of development and resource extraction.
"They are the rightful stewards of their lands, and should be the ones to decide if and how they are developed," said Maude Barlow, National Chairperson of the Council of Canadians, which intervened in the case in support of the Tsilhqot'in, in a statement released by the group. She stated her optimism that the decision is a sign "that there is no blank cheque for the Northern Gateway project."
While the Tsilhqot'in are overjoyed with the ruling, there may be some unforeseen negative aspects to it that will still allow for corporate exploitation of aboriginal lands. As the Toronto Star reports:
... [T]he ruling will also be welcomed by industry and governments because the high court says provincial and federal governments may regulate economic activity like forestry on title lands. Lawmakers can do so either by consulting and getting consent of the aboriginal group, or by establishing a pressing and substantial public purpose and ensuring the regulated activity fulfils the Crown's "fiduciary" duty to act in good faith for the benefit of aboriginal peoples.
_____________________