What is the test for establishing aboriginal rights according to Tshilqot'in Nation v BC?

The correct answer is that rights must have been integral traditions developed pre-contact. This standard arises from the Supreme Court of Canada's ruling in the landmark case Tshilqot'in Nation v BC. In this case, the Court established that to prove the existence of aboriginal rights, a group must demonstrate a continuous and longstanding connection to the land that existed prior to European contact. This connection must be reflected in the group's integral traditions and practices, showcasing their historical relationship with the land and its resources.

The significance of this criterion lies in its emphasis on the deep-rooted cultural practices of Indigenous peoples, which are essential for asserting their rights to land and resources. The Court's ruling reaffirmed the importance of these traditions as a foundation for recognizing aboriginal title.

Establishing rights based solely on bloodlines, documentation, or provincial acknowledgment does not align with this historical framework laid out in the decision. Thus, the integral traditions developed pre-contact serve as the crucial basis for recognizing and affirming aboriginal rights within Canadian law.