The concept of aboriginal title was first described in the 1997 Supreme Court of Canada (SCC) ruling generally known as Delgamuukw v British Columbia, [1997 3 SCR 1010]. The actual effect of Delgamuukw was to order a new trial because of evidenciary issues in the original trial. As a consequence, while Delgamuukw did describe the concept of aboriginal title, it did not create precedence.
In 2014, the SCC found itself again faced with a case dealing with aboriginal title. In this case, Tsilhqot’in Nation v. British Columbia [2014 2 SCR 257], the court issued a ruling that firmly established the concept of aboriginal title in Canadian law.
The Delgamuukw ruling:
A Wikipedia article on Delgamuukw v British Columbia:
The Tsilhqot’in ruling:
An analysis ofTsilhqot’in by LawNow:
As I am most definitely not a lawyer, I strongly advise that you read the Delgamuukw Wikipedia article and the LawNow analysis of Tsilhqot’in, or the rulings themselves before forming any conclusions based on what I have typed above. -Danny