September 13th marks the 7th anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, a consensus global human rights instrument. The Declaration calls on all states to safeguard the traditional land and resource rights of Indigenous peoples, including legal title to lands. The Declaration also requires fair and transparent mechanisms to ensure any disputes over lands and resources are resolved in a just and timely manner.
The rights recognition and protection called for by the Declaration is increasingly reflected in decisions by Canadian courts.
For example, in a unanimous decision, Tsilhqot’in Nation v. British Columbia, the Supreme Court of Canada ruled in June that the Tsilhqot’in people in central BC continue to hold title to 1700 km2 of their traditional territory. Accordingly, they have the right to control how the land is used and to benefit from its resources.