What is necessary to prove aboriginal title according to Delgamukw v BC?

To establish Aboriginal title, the landmark case Delgamuukw v. British Columbia emphasizes the need for proof of historical occupation prior to sovereignty over the land in question. The Supreme Court of Canada clarified that to succeed in a claim of Aboriginal title, Indigenous groups must demonstrate a continuous and established connection to the land that exists beyond the point of colonial sovereignty. This historical occupation should show that the Indigenous community had a recognized presence and use of the land for activities integral to their culture and way of life long before Canada was established as a nation.

This ruling helps to recognize the traditional rights of Indigenous peoples by acknowledging their longstanding relationships with their ancestral territories. The evidence required is not limited to current occupation, nor does it necessitate a formal treaty, as the title can be recognized independently of any agreements with the Crown. Furthermore, the consensus of the community, while important in asserting communal rights, does not replace the historical basis of the claim itself. Thus, demonstrating historical occupation serves as a key element in satisfying legal requirements for Aboriginal title under Canadian law.