Delgamuukw v. British Columbia
Canada Supreme Court
3 S.C.R. 1010 (1997)
- Written by Jamie Milne, JD
Facts
Delgamuukw and other Gitksan and Wet’suwet’en hereditary chiefs (chiefs) (plaintiffs) sued British Columbia (defendant) on behalf of themselves and their respective people, claiming ownership over separate portions of certain land. British Columbia counterclaimed, seeking a declaration that the aboriginal nations had no right or interest in the land, or alternatively, if the nations did have an interest, then the appropriate cause of action was one against the Canadian government for compensation. At trial, the chiefs attempted to introduce evidence of oral histories demonstrating attachment to the land. However, the trial judge rejected that evidence. The court dismissed the chiefs’ claim for ownership and British Columbia’s counterclaim. The trial court granted only a declaration that the chiefs and their people could use unoccupied or vacant land subject to the general laws of British Columbia. The Supreme Court of Canada granted review. On appeal, the chiefs altered their claims by (1) phrasing their ownership claims in terms of aboriginal title and (2) amalgamating their individual claims into two communal claims, one for each aboriginal nation.
Rule of Law
Issue
Holding and Reasoning (Lamer, C.J.)
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