“Establishing the concept of aboriginal title in Canadian law”

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:

https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=23799

A Wikipedia article on Delgamuukw v British Columbia:

https://en.wikipedia.org/wiki/Delgamuukw_v_British_Columbia

The Tsilhqot’in ruling:

https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=34986

An analysis ofTsilhqot’in by LawNow:

https://www.lawnow.org/viewpoint-38-6-bench-mark-case-indeed/

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

Leave a Reply