Mineral Exploration is the official publication of the Association of Mineral Exploration British Columbia.
Issue link: http://digital.canadawide.com/i/428696
"Legally, the decision affects approximately 1,700 square kilometres, but there are political and non-legal consequences, too." 14 W I N T E R 2 0 1 4 Photograph : Osler, Hoskin & Harcour t LLP Going forward, it is important for everyone who is affected by the decision, or who has an interest in it, to retain a sense of equanimity. There are legal and politi- cal aspects to the decision that everyone in the province should recognize and try to keep separate, now and in the future. Fortunately, there are legal experts who can help us keep our individual and collective cool. Tom Isaac, an environmental, regu- latory and Aboriginal partner at Osler, Hoskin and Harcourt LLP, and leader of the national Aboriginal law group, says that, although the decision confirmed the Tsilhqot'in Nation holds Aboriginal title to some land in north-central B.C., it didn't create any new law. "It elaborated an application of exist- ing law, and it confirmed that semi- nomadic groups can claim title," Isaac says. "The decision does not affect the continued assertion of title in the rest of B.C. It also confirmed that the Province can legislate on Aboriginal title and can infringe on that title where it is justified." Isaac says that there are both legal and political sides to the decision. "Legally, the decision affects approximately 1,700 square kilometres, but there are politi- cal and non-legal consequences, too," he says. "First Nations and governments might feel empowered by the decision, depending on how they interpret it." Isaac says the decision will evolve over time: "The laws won't remain static." The Tsilhqot'in decision has raised many questions, and it is just one example of more decisions to come. "Governments bear the burden of balancing the rights of the different members of society," says Isaac. "They must take a thoughtful direction on the issue that is sustainable over the long run and in the best interests of all British Columbians, Aboriginal and non-Aboriginal." Isaac says the government needs to ensure the process of balancing rights will lead to business certainty. "There is nothing offensive about the govern- ment defending the public interest," he says. "The industry should continue to remind the government that there are laws and regulations that need to be fol- lowed by everyone with a stake in min- eral exploration." Tom Isaac