Both papers in this set examine the S.C.C. decision in Tsilhqot’in Nation v British Columbia.

The first paper examines the idea that the decision in Tsilhqot’in provides some guidance at the level of general principle, but that the actual working of the “new constitutional order” will take some time to settle. The author looks at issues surrounding the scope of aboriginal title, whether aboriginal title is Crown land, the interjurisdictional immunity and the Sparrow justification analysis discussed by the court  in Tsilhqot’in, the intersection of aboriginal rights and charter rights. The author ends with a discussion of  some practical implications of the decision in Tsilhqot’in. The second paper complements the first, with more commentary on why Tsilhqot’in is an important decision, and its implications.

This paper was presented at the Constitutional Law Symposium in October 2014.