TSILHQOT’IN NATION V. BRITISH COLUMBIA: Aboriginal Title and Section 35

to appear in Canadian Business Law Journal

Swain, Harry & Baillie, James

Published: March 2015

Keywords: Tsilhqot'in, Supreme Court of Canada, Judge-made law, Aboriginal title, Aboriginal land claims, Section 35, Constitutional law


In Tsilqot'in Nation v. British Columbia, the Supreme Court of Canada confirmed aboriginal title over 1,759 square kilometres of British Columbia, a first for a common-law country. This most recent in  a continuing line of SCC decisions illustrates some consequences of law made in the absence of Parliamentary guidance, and poses novel uncertainties for First Nations, resource developers, and provincial governments.

Disciplines: Governance

Publication: Tsilhqotin case review 13.pdf