What impact did the Delgamuukw v British Columbia case have on the use of oral history in Canadian criminal courts?

Influence and Impact The Delgamuukw case is an important one in Canadian law because it provides information about the definition and content of Aboriginal title. The ruling also clarified the government’s duty to consult with Indigenous peoples, and affirmed the legal validity of oral history.

Who was involved in the Delgamuukw case?

The Delgamuukw decision stemmed from a 1984 case launched by the leaders of the Gitxsan and Wet’suwet’en First Nations, who took the provincial government to court to establish jurisdiction over 58,000 square kilometres of land and water in northwest British Columbia.

What was the Delgamuukw decision?

On June 25, 1993, five members of the British Columbia Court of Appeal unanimously rejected Justice McEachern’s ruling that all of the plaintiffs’ Aboriginal rights had been extinguished. The Court of Appeal ordered the case back to trial to determine the nature and scope of those Aboriginal rights.

What was the Calder case?

The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia.

What percentage of British Columbia land do Aboriginal groups claim?

Indian reserves cover just 0.4 per cent of the BC land base—a tiny portion of First Nations traditional territory.

How many wet Suwet EN are there?

five Wet’suwet
A clan is a group of people belonging to a particular Tribe or House to identify families and territories. There are five Wet’suwet’en clans: Gilseyhu (Big Frog)

What is aboriginal title in Canada?

Aboriginal title refers to the inherent Aboriginal right to land or a territory. The Canadian legal system recognizes Aboriginal title as a sui generis, or unique collective right to the use of and jurisdiction over a group’s ancestral territories.

What did the nisga a treaty do?

The Nisga’a Treaty sets out the land and resources that form part of the agreement between Canada, B.C., and the Nisga’a Nation. The Treaty sets out the Nisga’a’s right to self-government, and the authority to manage lands and resources.

What is the Van der Peet test?

Criticized for narrowing the scope of Indigenous rights, the Van der Peet test — a set of criteria established by the court to prove Indigenous rights — stipulates that the Indigenous custom, practice or tradition in question must be integral to the distinctive culture of the Aboriginal group claiming the right and …

Why is the Calder case important?

Calder v British Columbia (AG) [1973] SCR 313, [1973] 4 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law.

What is the richest reserve in Canada?

The Osoyoos Indian Reserve, in British Columbia’s southern Okanagan, spans some 32,000 acres. The second striking thing about the Osoyoos Indian Band is that it’s not poor. In fact, it’s arguably the most prosperous First Nation in Canada, with virtually no unemployment among the band’s 520 members.

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