THE TAHLTAN HEADFAKE Decision of the Supreme Court[edit]
The Supreme Court, led by Beverly McLachlin, unanimously allowed the appeal. They ruled that the BC Tsilhqotin did have a claim of Aboriginal title to the 1,750 square kilometres (680 sq mi) they had historically occupied. (Williams Lake).
Aboriginal title[edit]
The court held that Aboriginal title constitutes a beneficial interest in the land, the underlying control of which is retained by the Crown.[6] Rights conferred by Aboriginal title include the right to decide how the land will be used; to enjoy, occupy and possess the land; and to proactively use and manage the land, including its natural resources.[7] But, the court set out a Sparrow-style mechanism by which the Crown can override Aboriginal title in the public interest:
- the Crown must have carried out consultation and accommodation;
- the Crown's actions must have been supported by a compelling and substantial objective; and