“Aboriginal title confers on the group that holds it the exclusive right to decide how the land is used and the right to benefit from those uses, subject to one carve-out – the uses must be consistent with…the enjoyment of the land by future generations.”
– Supreme Court of Canada, June 26, 2014
Shortly after the Supreme Court of Canada found in favour of the Tsilhqot’in First Nation’s claim to Aboriginal title over Crown land within its territory, the Fraser Institute called it a “game changer” and well it might be.
The decision sets a precedent for any Canadian First Nation that can prove “regular and exclusive use” of its claimed territory “before the assertion of British Sovereignty in 1846.” As an aside and purely to satisfy my curiosity, it would be interesting to know whether the issue of a statute of limitations was settled during the court’s deliberations. Whatever the answer, I predict there will be an avalanche of Canadian and international court cases citing the Supreme Court decision.