Supreme Court's Land Claims Ruling Harms Canada's Business Environment
By: Gwyn Morgan, Globe and Mail Gwyn Morgan is a retired Canadian business leader who has been a director of five global corporations. On June 26, the Supreme Court of Canada awarded title to a piece of the B.C. Interior roughly the size of Prince Edward Island to the 3,000-member T'silhqot'in First Nation. Initial government and business reaction characterized the decision as merely a clarification of previous lower-court judgements. That was before it came clear that the land-claim entitlement criteria set out in the 37-page decision, written by Chief Justice Beverley McLauchlin, exceeded the worst-case scenario of both governments and industry. Under previous legal rulings, the "basis of occupation" to be used in establishing aboriginal title was limited to the immediate environs around settlements. The Supreme Court has vastly expanded that, saying "[A]boriginal title ... extends to tracts of land that were regularly used for hunting, fishing or othe...