The End Is Not Nigh: Reason Over Alarmism in Analysing the Tsilhqot'in Decision

Macdonald-Laurier Institute Papers Series, September 2014

36 Pages Posted: 1 Nov 2014

See all articles by Kenneth Coates

Kenneth Coates

University of Saskatchewan - Johnson-Shoyama Graduate School of Public Policy

Dwight G. Newman

University of Saskatchewan College of Law

Date Written: September 11, 2014

Abstract

The Supreme Court of Canada’s decision, Tsilhqot’in Nation v. British Columbia delivered on June 26, 2014, was historic, with the Court making the first-ever judicial declaration of Aboriginal title in Canada. What this means exactly was the subject of much heated debate and frequently gloomy conjecture. First Nations leaders were elated, and some proponents of resource development were dejected. A few observers suggested that Canada was about to lose sovereignty over much of British Columbia, sometimes aided with inaccurate maps. This paper proposes to counter such alarmism.

The paper analyzes the implications of the decision, including some of the particular features of Aboriginal title and its limits. It also considers its implications for the jurisdiction of Canadian provinces. The paper concludes with a series of recommendations to different actors.

Keywords: Aboriginal title, Indigenous rights, jurisdiction of Canadian provinces, Canadian constitutional law

Suggested Citation

Coates, Kenneth and Newman, Dwight G., The End Is Not Nigh: Reason Over Alarmism in Analysing the Tsilhqot'in Decision (September 11, 2014). Macdonald-Laurier Institute Papers Series, September 2014, Available at SSRN: https://ssrn.com/abstract=2517041

Kenneth Coates

University of Saskatchewan - Johnson-Shoyama Graduate School of Public Policy ( email )

Diefenbaker Building
101 Diefenbaker Place
Saskatoon, Saskatchewan S7N5B8
Canada

Dwight G. Newman (Contact Author)

University of Saskatchewan College of Law ( email )

15 Campus Drive
Saskatoon, Saskatchewan S7N 5A6
Canada
(306) 966-4847 (Phone)

HOME PAGE: http://law.usask.ca/find-people/faculty/newman-dwight.php

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