If you want to learn more about Tsilhqot'in Nation v. The Queen, 2014 SCC 44:The Tsilhqot'in's legal battles began in the 1980s over clear-cut logging permits that were granted by the government of British Columbia without any consultation with the native community living on the affected land. The B.C. Supreme Court issued a non-binding ruling stating that the Tsilhqot'in probably had Aboriginal title over the land, and that the Crown ought to negotiate a fair and honorable settlement. The federal and B.C. governments appealed the ruling to the B.C. Court of Appeal and the Supreme Court of Canada. Last November, Mathis Wackernagel, president of Global Footprint Network and lead author of the research report, received this update from Jack Woodward, the lead lawyer representing the Tsilhqot’in Nation:
The court case you helped us on a decade ago finally has wound its way through the levels of court. We had a 339 day trial, then a lengthy appeal to the B.C. Court of Appeal, and last week it was heard on final appeal to the Supreme Court of Canada. In the brief oral submissions (only one hour is allowed to our side at that level of court) your name was mentioned in connection with the "carrying capacity" of the land of the Tsilhqot’in people. This was to counter the position of the Crown that the area for which aboriginal title was claimed was "too large". We simply stated that because of the climate and geography of the area, only a limited number of people could sustainably live in the area, citing the expert opinion report you prepared for us many years ago. (...) We should get a decision on that appeal in about six months.
 Sufficiency of occupation is a context-specific inquiry. "[O]ccupation may be established in a variety of ways, ranging from the construction of dwellings through cultivation and enclosure of fields to regular use of definite tracts of land for hunting, fishing or otherwise exploiting its resources" (Delgamuukw, at para. 149). The intensity and frequency of the use may vary with the characteristics of the Aboriginal group asserting title and the character of the land over which title is asserted. Here, for example, the land, while extensive, was harsh and was capable of supporting only 100 to 1,000 people. The fact that the Aboriginal group was only about 400 people must be considered in the context of the carrying capacity of the land in determining whether regular use of definite tracts of land is made out. [Emphasis added.]