In the ruling, the Supreme Court laid markers for what established Aboriginal title means.
“Aboriginal title confers ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right to the economic benefits of the land; and the right to pro-actively use and manage the land,” said the ruling.
The ruling said Aboriginal title came with an important restriction, that “it is collective title held not only for the present generation, but for all succeeding generations.”
Land under Aboriginal title, “cannot be alienated except to the Crown or encumbered in ways that would prevent future generations of the group from using and enjoying it. Nor can the land be developed or misused in a way that would substantially deprive future generations of the benefit of the land.”
As a result of the ruling, governments now must meet a set-out standard for an “incursions” into land under established Aboriginal title.
“Government incursions not consented to by the title-holding group must be undertaken in accordance with the Crown’s procedural duty to consult,” said the ruling. “And must also be justified on the basis of a compelling and substantial public interest and must be consistent with the Crown’s fiduciary duty to the Aboriginal group.”