The Supreme Court of Canada made a ruling on Thursday, June 26 on what is being considered a “game changer” in a landmark case for aboriginal rights.
The court granted aboriginal title to the Tsilhqot’in nation over a large tract of land in the southern-central region of British Columbia. This particular ruling is significant because aboriginal title has never before been awarded for so large an area — 1,750 square kilometres. Traditionally, aboriginal title has been given for small parcels of land for specific purposes.
This ruling is being hailed by aboriginal leaders as a great step forward for the rights of First Nations; it will also have bearing on the future of economic development in BC.
A large portion of British Columbia is unceded aboriginal territory, meaning that no treaty has been signed giving the Canadian government ownership of the land. The city of Vancouver itself just formally acknowledged on June 25 that it is situated on unceded Coast Salish territory.
William Lindsay, director of SFU’s Office for Aboriginal Peoples and member of the Cree-Stoney nations, addressed the ruling, explaining that, in his lifetime, he has seen great progress in rights for First Peoples, where there used to be none: “The government came and took their land, took their kids, and then they took their dignity. The first people have got their kids back, they’re getting their lands back, and they’re getting their dignity back.”
The issue of aboriginal title has been an ongoing discussion for decades in Canada, but this is the first ruling in Canadian history to have awarded unceded land back to a First Nation.
This case has set a precedent, and there are now three conditions that determine whether or not aboriginal title will be granted: the First Nations people must be occupying the region; it must be their original ancestral territory; and there must be no overlap in claims.
The ruling will not affect private property, and all federal and provincial laws still apply to the area. The key difference is that the land no longer belongs to the government because official ownership has been passed back to the First Nation.
This means that when it comes to large-scale government projects, approving economic development on aboriginal land will no longer be a matter of consulting with First Nations, but of gaining their consent. This gives them what Lindsay calls “an equal seat at the table” when it comes to development decisions.
However, there are a few conditions to the title: the government has the power to push projects through without consent if they feel the projects are pressing, significant, and in the best interest of Canada. Still, Lindsay feels that there is a greater onus on the government to justify economic development on aboriginal land.
This calls into question the future of the Enbridge Northern Gateway and Kinder-Morgan pipelines, both of which would be built on unceded and aboriginal titled land.
Both projects have been met with First Nations opposition, and Lindsay predicts that this outcry of First Peoples will likely result in civil disobedience. He referenced the flare-up of protest spurred by the Idle No More campaign: “This is something that could happen again if the government decides to push this project through.”
Lindsay believes that this ruling can only bring good things. “The First Nations are going to be insisting that the companies talk about stewardship, talk about looking after the land as part of their projects.”
He continued, “Government and corporations have to sit down now with First Nations, as equal partners, and hammer out agreements that are favourable for all people. Everybody wins then.”
