Precedent Setting Court Victories
After years of government attempts to extinguish First Nations title and rights in British Columbia, a recent series of court decisions has begun to force the federal and provincial governments to change how they make decisions about land, water, forests and minerals. These cases involved the Tsilhqot'in, Hupacasath, Haida, Taku River Tlingit, Gitxsan, Wetsuweten, and Gitanyow.
- INAC
Indigenous people worldwide must fight to be recognized and respected. BC is no different.
After years of attempts to extinguish First Nations title and rights, a recent series of court decisions has begun to force both the federal and provincial governments to change how they make decisions about land, water, forests and minerals.
The cases in reverse chronological order are:
- Tsilhqot'in Land Title Case (BC Supreme Court);
- Hupacasath Tree Farm Licence Privatization Case (BC Supreme Court);
- Haida TFL Case (Supreme Court of Canada);
- Taku River Tlingit Case (Supreme Court of Canada);
- Delgamuukw - Gisdaywa Title Case (Supreme Court of Canada);
- Haida Tree Farm Licence
Case (BC Court of
Appeals); and
- Yal- Skeena Cellulose Case (BC Supreme Court).
These cases create leverage for increased First Nations jurisdiction and for sustainable practices because taken together and individually these decisions create uncertainty about the legitimacy of provincial laws on resource extraction on unceded First Nations lands.
Collectively these cases challenge the underpinnings of the mining, logging and oil and gas industry in BC. They create uncertainty about the legitimacy of various tenures or licences granted under BC laws as well as a host of other "strategic" decisions such as logging levels (AAC), land use plans and permitting processes for new mining, logging and drilling proposals.
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