In the Tsilhqot’in Nation decision in 2014, the SCC held that where First Nations hold Aboriginal title (a type of Aboriginal right), governments can avoid infringing on Aboriginal rights by obtaining the consent of the impacted First Nation. Specifically, they held:
The right to control land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders. (emphasis added) #bcpoli #cdnpoli