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Tsilhqot'in Nation v British Columbia

Revisiting Aboriginal Title Part III: SCC Clarification in Tsilhqot'in Nation v British Columbia

This comment is the third in a series detailing the ongoing development of Aboriginal title in Canada. Part I and Part II focused on the British Columbia Court of Appeal decision William v British Columbia, 2012 BCCA 285 [William]. This third part aims to provide an exegesis and analysis of the Supreme Court's resolution of the appeal from William in Tsilhqot'in Nation v British Columbia, 2014 […]

Revisiting Aboriginal Title Part II: An Alternative View of Sufficient Occupancy

This commentary is the second in a series detailing the ongoing development of Aboriginal title in Canada. It follows a discussion of the British Columbia Court of Appeal’s decision, and is drawn from a larger essay, available in full, on SSRN. Part I of this series rehearsed and critiqued the BCCA’s decision in William. The goal […]

Revisiting Aboriginal Title Part I: The BCCA and Sufficient Occupancy

This commentary is the first of several parts detailing the ongoing development of the doctrine of Aboriginal title in Canada. This first part is a condensed and informal version of a longer paper that treats these issues in much greater detail. The longer version, complete with citations, is available here.   A previous TheCourt.ca comment by […]