Tsilhqot'in Nation v. British Columbia
By Charles F. Willms, Kevin O'Callaghan, Brenden Hunter and Katey Grist
November 2007
On November 21, 2007, Mr. Justice Vickers released the first decision regarding a claim for aboriginal title in B.C. since the Supreme Court of Canada released Delgamuukw v. British Columbia in 1997. The Xeni Gwet'in people sought declarations of aboriginal title in part of the Cariboo-Chilcotin region of B.C., on behalf of all Tsilhqot'in people. The Claim Area was defined as Tachelach'ed (Brittany Triangle) and the Trapline Territory, totalling approximately 440,000 hectares. The Tsilhqot'in also sought declarations of aboriginal rights to hunt and trap and to trade in animal skins and pelts.
The declarations of aboriginal title to the Claim Area and claim for damages for infringement were dismissed without prejudice to the Plaintiff's claims in the future. The Tsilhqot'in people were found to have aboriginal rights to hunt and trap and to trade and that provisions of the Forest Act breached those aboriginal rights, but no damages were awarded.
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