Aboriginal consultation reaffirmed – Calgary Herald

November 29, 2014

Aboriginal law specialist Tom Isaac has a clear message after what many have hailed as a historic Aboriginal title ruling by the Supreme Court of Canada: “the sky is not falling.”

This summer’s Supreme Court decision declared the Tsilhqot’in First Nation held a valid title over approximate 1,750 square kilometres of land in central British Columbia.

The decision — while important and historic in the sense that all that court’s decisions are — does not establish new law but confirms both Aboriginal rights and governments’ right to govern, says Isaac, head of Osler, Hoskin and Harcourt’s Aboriginal Law group and a former Chief Treaty Negotiator for the government of British Columbia.

He says the court ruling involving the province of B.C., where significant tracts of land are not covered by the treaties, does not shut down provinces to industry and resource development. But it does reaffirm the need to consult with Aboriginal titleholders.

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