Tsilhqot Case Analysis

Provincial and federal governments take advantage of and use unclaimed Aboriginal land, often ignoring legal standards. In 2014, the Supreme Court has enforced constitutional procedures the Canadian government must take relating to Aboriginal land claims in the Tsilhqot’ in Decision. This Precedent setting case will strengthen Aboriginal rights for protecting their traditional territories and bring about change within their communities. By analyzing the legal policies our government must abide by, as well as the implications of the precedent its self, we can see how it will benefit and create more rights to Aboriginals. The case through its decision will also indirectly bring about positive change within Aboriginal communities. Throughout …show more content…
One effect brought about is that Aboriginal people across Canada will have more power and rights within property law. It is important to know that most Aboriginal rights and power are established through land occupation and their use of the land (McLeod and Macbeth, 2015, pg 4). This fact is significant because this case grants a large amount of land to the Tsilhqot and this increases power and provides more rights for Aboriginals. The court outlined what authority provincial and federal powers have and in what areas of property and foresting laws they have jurisdiction. The decision the judges made also strengthened interjurisdictional rights for Aboriginal titled land holders (Tsilhqot v. BC, paragraph 10). This implies that provincial and federal governments cannot abuse their exclusive jurisdictions and take away titled land holders rights (paragraph 10). The courts made it so governments have to have a liable justification to be on titled land (CBC News, Tsilhqot' in First Nation Granted B.C. Title...). The only reasons they can develop on claimed land is if the project is pressing/substantial or it receives permission from the Aboriginal group (CBC News, Tsilhqot' in First Nation Granted B.C.