On June 26, 2014, the Supreme Court of Canada handed down a major ruling on aboriginal title in its Tsilhqot’in v. British Columbia decision.
The Court confirmed and applied the conditions for establishing aboriginal title that it had set out earlier in Delgamuukw (which in turn built on the earlier test for aboriginal rights established in Van Der Peet). These conditions may be summarized as follows:
a) the customary indigenous group must establish that the occupation of its territory prior to sovereignty was sufficient to ground aboriginal title;
b) where present occupation is relied on as proof of occupation prior to Crown sovereignty, the customary indigenous group must establish continuity between present and pre-sovereignty occupation; and
c) the customary indigenous group must establish that it had exclusive occupation of the land at the time of sovereignty, evidenced by its intention and capacity to retain exclusive control over the lands.
The family held Keyoh of the Central Carrier lead by its Keyohwhudachun, meet the three criteria for the tests for Aboriginal Title, established by the Supreme Court of Canada.
On July 5th, 2003, Chief Sally Sam, Keyohwhudachun or Keyoh Holder of the Maiyoo Keyoh put the Province of British Columbia on notice.
Donate and help the Maiyoo Keyoh pursue their Rights & Title to protect the ancestral Maiyoo Keyoh Territory.