Tsilhqot'in Nation v. British Columbia
Fasken Martineau Seminar
January 11, 2008
The Vancouver Offices of Fasken Martineau 2900-550 Burrard St
Vancouver, BC, Canada
Event Speakers
Charles F. Willms, Kevin O'Callaghan
The recent Supreme Court of B.C. ruling on aboriginal title in the Tsilhqot'in Nation v. British Columbia is the first of its kind since Delgamuukw v. British Columbia in 1997.
After five years of proceedings, the judge concluded that while the Tsilhqot'in Nation has aboriginal rights, they do not have aboriginal title to the area claimed. The decision reviews the test for justification of the infringement of aboriginal rights and provides several "opinions" as to the impact of a finding of aboriginal title. The judge also held that the Province had failed in its obligations to consult with the Tsilhqot'in and concluded that the actions taken by the Province under the Forest Act were unjustified infringements of Tsilhqot'in aboriginal rights.
In respect of aboriginal title, the trial judge expressed non-binding opinions that the Forestry Act had no application to aboriginal title Land, and appears to have increased requirements for government to meet the duty of consultation. These could have significant impacts on other legislation as well. Please join us as Charles F. Willms and Kevin O'Callaghan explore the effects of this important and complex decision.
7:30 am - 8:00 am breakfast and registration 8:00 am - 10:00 am seminar
You may register online by clicking the register now button above, or contact us at 604 631 4992.
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