Aboriginal Title: Delgamuukw v. British Columbia. [1997] 3 S.C.R..1010

The appellant, Gitksan and Wet'suwet'en chiefs, claimed Aboriginal title, or ownership, to 58,000 square kilometres of land in B.C. on behalf of their "houses." This claim was based on their legal system of property rights and their pre-contact ownership of the land. The Supreme Court of Canada recognized for the first time that First Nations held title to their land prior to European arrival on the continent. The decision discusses the unique nature and characteristics of Aboriginal title. The court decided that that there was not enough evidence to determine if this land was historically owned by the Gitksan and Wet'suwet'en Nations, or whether the Nations had ceded, or given up ownership to the land. However the court did discuss what kind of evidence could be used to establish a land claim. This case creates the legal possibility of a successful claim to Aboriginal title under Canadian law. This case is also notable because it recognizes the importance Aboriginal people attach to oral histories and demonstrates how Canadian legal rules of evidence can accommodate oral histories during trial.

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