Thursday, November 22, 2007

Tsilhqot'in Shout-outs

Congrats to the Tsilhqot'in First Nations in the Chilcotin area between Bella Coola and Williams Lake for being the first aboriginal group in Canada to successfully claim aboriginal title rights. Aboriginal title is a Constitutional right (s. 35) to collective ownership of traditional lands. The test, from Delgamuukw v. British Columbia, is extremely onerous and requires proof of exclusive occupancy of the lands from the time of confederation - 1871 for BC. The hefty 473 page decision can be found here. It's an interesting read. It goes into some detail about the history of the group, first contact and subsequent relations between the Tsilhqot'in and early settlers, and the group's culture and relationship with the claimed land.

Shout-outs also to my future colleagues at BLG who acted for the Province.

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