Tsilhqotʼin Nation v British Columbia
The Tsilhqotʼin are a semi-nomadic group of First Nations people who had lived in the area for centuries, managing these lands and repelling invaders.[4] The Xeni Gwetʼin filed suit seeking a court declaration that would prohibit Carrier Lumber's commercial logging operations in this area, and establish their claim for Aboriginal title to the land, which was part of their historical territory.The trial judge applied a test for Aboriginal title that examined whether the Xeni Gwet'in regularly and exclusively used the sites or territory within the claim area.[5] The court applied a more stringent title test that examined site-specific occupation of definite tracts of land at the time of European sovereignty.The court held that Aboriginal title constitutes a beneficial interest in the land, the underlying control of which is retained by the Crown.