Tsilhqot'in land ruling was a game changer for B.C.

The sun had yet to rise in British Columbia on June 26, when a group ofTsilhqot'inchiefs congregated with legaladvisersto receive their copy of a long-awaited decisionfrom the Supreme Court of Canada.

By 6:01 a.m. PT, it was clear: the highest court in the land had issued B.C. quite a wake-up call.

As First Nations leaders began expressing joy and surprise on social media, myselfand other groggy reporters nursing coffees hustled to a hastily called press conference,where chiefs triumphantly proclaimed the decision a "gamechanger."

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The legal wrangling in this case had dragged on over 20 years, since sixTsilhqot'in bands first began using the courts and a blockade to stop logging operationsin their traditional territory south and west of Williams Lake in B.C.'s Interior.

But the struggle over who owns the land in B.C had endured much longer, pretty muchever since explorers first arrived on the West Coast and chiefs began demanding aresolution to what became known as the "Indian land question."

The Supreme Court of Canada's unanimous decision laid that question to rest. Mostly.

The court confirmed the Tsilhqotin peoples had aboriginal title to a large swath oftheir traditional territory, over 1,700 square kilometres, not just old village sites as theprovincial and federal governments had argued.

It was the first time in Canada aboriginal title had been confirmed, outside of an Indianreserve.

Not only did that have ramifications for B.C., a province almost blanketed by unresolvedland claims, the decision set a precedent for future claims of aboriginal title throughoutthe country, particularly in Quebec and the East Coast, where land cession treatiesdon't exist.

Breathtaking win?

That morning, the chiefs couldn't hide their astonishment and when I recently chattedwith Joe Alphonse of the Tshilqot'in National Government, he still seems giddy recallingthe day.

"This is Canada, so I think we were prepared for every possible scenario except for aflat out win,"recalls Alphonse. "It was breathtaking, to say the least."

The Supreme Court clarified major issues, such as how to prove aboriginal title andwhen consent is required from aboriginal groups involved in negotiations over majorprojects such as the Northern Gateway pipeline.

A handful of legal analysts don't buy First Nation claims that the William decision wasa victory. Indeed, the court ruled aboriginal title isn't absolute: major projects suchas mines or pipelines can still go ahead without the consent of a First Nation, if thegovernment can make the case development is "pressing and substantial," and meet itsfiduciary duty to the aboriginal group.

Changinglandscape

But, months later, it seems clear the rules have changed when it comes to land andresource development.

The premier of B.C., elected on the promise of natural gas, mining and hydroelectricmega-projects, certainly reacted quickly. In September, Christy Clark called a first-ever "all chiefs" meeting with her cabinet and all of the province's First Nationschiefs.

"We can embrace it as an opportunity to start down a new path,"Clark declaredhopefully.

The big meeting turned out to be hype, but I found it telling to watch B.C.'s minister of mines literally chase a chief across the hotel ballroom during a break, desperate for anaudience. The tables were turning.

It's still too early to assess the full impact of the William decision. But it's instructive totake a look at what's changed for the Tsilhqot'in.

Fresh off their title victory, the Tsilhqot'in announced the creation of a tribal park,covering an area larger than half of Prince Edward Island.

Tsilhqot'innow a priority

And, after years of complaining, provincial and federal governments were ignoring them,the Tsilhqot'in are now a priority for B.C.'s premier.

Clark has made special trips to the remote Nemiah Valley, notably to offer an apologyfor the hangings of six chiefs during the Chilcotin War of 1864, a century-old woundthat has yet to heal for the Tsilhqot'in.

The Tsilhqot'in and provincial government also agreed to intensivenegotiations around land use and economic development. The province picks up the tabfor those talks, and there's a firm timeline to announce something by March 2015.

Is the William decision a game changer?

It will lead to more First Nations involvementin land-use decisions, more First Nations seats in corporate boardrooms.

But, ifFirst Nations don't end up playing the key roles they now demand, no one should besurprised if B.C. is awash in a new wave of court cases.