Please read the following fact scenario and answer the following question in complete sentences:

The Nishgawin nation is disputing land in the Ness River Valley. Members of the Nishgawin Nation are descendants of the Indians who have inhabited since time immemorial the territory in question, where they have hunted, fished and roamed. This territory consisted of 1,000 square miles in and around the Ness River Valley, Observatory Inlet, Portland Inlet and the Portland Canal, all located in northwestern British Columbia.

In 1888, the Crown in right of the province made certain grants of land in this territory, including ownership in fee simple; including mineral and mining rights, petroleum permits, forestry rights and titles, and tree farm licences. However, the vast bulk of the area remains still ungranted.

No treaty or contract with the Crown or the Hudson's Bay Company has ever been entered into with respect to the area by anyone on behalf of the Nishgawin Nation. Within the area there are a number of reserves but they comprise only a small part of the total land. The Nishgawin Nation did not agree to or accept the creation of these reserves. The Nishgawin claim native title to this land. Before 1888, the Indians did not "own" the land but only roamed over the face of it and "used" it. They didn't subdivide and cultivate the land, but they did recognize ownership of plots used for village sites, fishing places, berry and root patches, and similar purposes. Even if they didn't subject the forests to wholesale logging, they did establish ownership of tracts used for hunting, trapping, and food gathering. Even if they didn't sink mine shafts into the mountains, they did own peaks and valleys for mountain goat hunting and as sources of raw materials.

Question !. What argument under the Delgamuukw aboriginal title case will the Nishgawin nation make in order to successfully establish that they own the land in the Ness River Valley?