COVID-19 Resource Centre : McInnes Cooper’s Commitment in Action Read More
June 26, 2014
On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test for Aboriginal title in Canada – and decided that where there is Aboriginal title to land, the government must seek the consent of the title-holding Aboriginal group to proceed with developments on that land.
In 1983, the BC Government issued logging licences under the BC Forest Act to a private company. The Tsilhqoti’in Nation asserted an Aboriginal title claim to land covered by those licences. The SCC decided the Aboriginal title claim was valid – and 30 years later, the licences were not. In the course of its decision, the SCC significantly developed the law of Aboriginal title in Canada:
The SCC’s decision will likely have significant impact on:
Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44.
For more on the impact of this decision, read McInnes Cooper’s The Changing Face of Aboriginal Law – 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector.
Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Aboriginal Law Team to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
© McInnes Cooper, 2014. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. E-mail us at [email protected] to request our consent.
Apr 22, 2021
The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…
Apr 13, 2021
On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…
Mar 31, 2021
Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…
Mar 26, 2021
Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…
Mar 19, 2021
Recently, New Brunswick temporarily broadened the eligibility for its Skilled Worker Stream through its Provincial Nominee Program (PNP),…
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.