By Arthur Manuel

This is the second in a three-part series on the landmark Supreme Court of Canada Tsilhqot’in v. British Columbia decision last June, first published in First Nations Strategic Bulletin. Part 1,“The Tsilhqot’in Decision and Canada’s First Nations Termination Policies” by Russell Diabo, can be found here. Part 3, “Canada Responds to Tsilhqot’in Decision: Extinguishment or Nothing!” is here.

It is important to acknowledge with gratitude the courage and determination of the Tsilhqot’in People for moving our efforts to achieve self-determination one level higher.

By Russell Diabo

This is the first in a three-part series on the landmark Supreme Court of Canada Tsilhqot’in v. British Columbia decision last June, first published in First Nations Strategic Bulletin. The second article in this series, “The Tsilhqot’in Decision and Indigenous Self-Determination,” can be found here. Part 3, “Canada Responds to Tsilhqot’in Decision: Extinguishment or Nothing!” is here.

On June 26, 2014, the Supreme Court of Canada (SCC) recognized that the Xeni Gwet’in Tsilhqot’in People have Aboriginal Title to a large part of their traditional territory. In the same decision, building on previous legal cases written to contain Section 35 of Canada’s constitution (which provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada), the SCC set out a legal test for asserting and establishing Aboriginal Title in Canada.