Aboriginal Title in Tsilhqot’in: Exploring the Public Power of Private Property at the Supreme Court of Canada

[From Introduction]: "The decision of the Supreme Court of Canada in Tsilhqot’in Nation v British Columbia was a watershed in Canadian jurisprudence. It recognized the Aboriginal title of the Tshilhqot’in First Nation on the basis of territorial usage and it ensured that the financial benefits of land and resources will flow to the Tsilhqot’in (rather than the Crown or third parties). The Court recognized that title holders enjoy all of the “incidents” normally associated with fee simple ownership, and limited the Crown’s interest in Indigenous lands to a residual form of title (with no beneficial interests). As a result, the Court has forwarded a conception of title that highlights the financial benefits of Aboriginal rights for Aboriginal peoples."