In June 2014, Canada’s Supreme Court awarded the Tsilhqot’in Nation title to 1,700 square kilometers of their unceded traditional lands. The case dates back to 1983, when the government issued logging licenses on lands that were outside the community’s reserve boundaries, but still used by the community for hunting and trapping. After decades of arguments in lower courts, the Supreme Court awarded the community title to those lands, and determined that the government breached its constitutional duty to consult. The court also laid out processes for other First Nations to secure title to their unceded traditional lands.
Hundreds of First Nations have never ceded their traditional lands, especially in British Columbia. This ruling establishes a precedent for those communities to secure title to those lands and determine “the uses to which the land is put.” In other words, projects on titled lands require not only consultation, but consent from communities. If consent is not obtained, the government must prove the project is “pressing and substantial” through the courts, where First Nations enjoy a clear winning streak. The ruling also notes that “it may be necessary for the government to reassess its prior conduct in light of its new obligations…if it starts a project without consent, it may be required to cancel the project.” Communities are already moving to stop unwanted projects from going forward by seeking title to their unceded traditional lands, making it more important than ever for companies to obtain consent from First Nations in Canada.
Sources: CBC, CBC, Boundary Sentinel