Delgamuukw v. British Columbia

E417628

Delgamuukw v. British Columbia is a landmark 1997 Supreme Court of Canada decision that fundamentally defined and affirmed the nature, scope, and constitutional protection of Aboriginal title in Canada.

All labels observed (5)

How this entity was disambiguated

Statements (52)

Predicate Object
instanceOf Supreme Court of Canada decision ⓘ
landmark court case ⓘ
alsoKnownAs Delgamuukw ⓘ
Delgamuukw v. The Queen ⓘ
appealedFrom British Columbia Court of Appeal ⓘ
chiefJusticeWriting Antonio Lamer ⓘ
citation [1997] 3 S.C.R. 1010 ⓘ
constitutionalProvisionInterpreted section 35 of the Constitution Act, 1982 ⓘ
country Canada ⓘ
court Supreme Court of Canada ⓘ
dateDecided 1997-12-11 ⓘ
defendant Her Majesty the Queen in Right of the Province of British Columbia ⓘ
holding Aboriginal title has an inescapable economic component ⓘ
Aboriginal title is a collective right held by an Aboriginal nation ⓘ
Aboriginal title is a distinct kind of Aboriginal right protected by section 35 of the Constitution Act, 1982 ⓘ
Aboriginal title is a right in land that includes the right to exclusive use and occupation of the land ⓘ
Aboriginal title lands cannot be used in a manner irreconcilable with the nature of the group’s attachment to the land ⓘ
In some cases, the duty to consult may require full consent of the Aboriginal nation ⓘ
Infringements of Aboriginal title must be justified under a stringent test ⓘ
Oral histories of Aboriginal peoples must be given due weight as evidence in court ⓘ
The Crown has a fiduciary duty toward Aboriginal peoples in relation to Aboriginal title lands ⓘ
The Crown must consult with Aboriginal peoples when contemplating actions that may infringe Aboriginal title ⓘ
The trial judge erred in his treatment of oral history evidence ⓘ
impact Affirmed constitutional protection of Aboriginal title under section 35 ⓘ
Fundamentally defined the content and scope of Aboriginal title in Canadian law ⓘ
Influenced subsequent Aboriginal law decisions in Canada ⓘ
judge Antonio Lamer ⓘ
Beverley McLachlin ⓘ
Charles Gonthier ⓘ
Frank Iacobucci ⓘ
Gerard La Forest ⓘ
John Major ⓘ
linked to: John C. Major

Michel Bastarache ⓘ
Peter Cory ⓘ
legalArea Aboriginal law ⓘ
constitutional law ⓘ
property law ⓘ
originatingCourt Supreme Court of British Columbia ⓘ
plaintiffCollective Gitxsan ⓘ
Wet’suwet’en ⓘ
provinceInvolved British Columbia ⓘ
relatedCase Calder v. British Columbia (Attorney General) ⓘ
R. v. Sparrow ⓘ
Tsilhqot’in Nation v. British Columbia ⓘ
result Appeal allowed in part ⓘ
New trial ordered ⓘ
subjectMatter Aboriginal rights ⓘ
Aboriginal title ⓘ
Crown sovereignty ⓘ
fiduciary duty of the Crown ⓘ
justification of infringements of Aboriginal rights ⓘ
yearDecided 1997 ⓘ

How these facts were elicited

Referenced by (9)

Full triples — surface form annotated when it differs from this entity's canonical label.

Gitxsan → involvedInCase → Delgamuukw v. British Columbia ⓘ
Gitxsan people → hasLegalCase → Delgamuukw v. British Columbia ⓘ
Wetʼsuwetʼen → notableLegalCase → Delgamuukw v. British Columbia ⓘ
Wetʼsuwetʼen → involvedIn → Delgamuukw–Gisdayʼwa land claims case ⓘ
linked to: Delgamuukw v. British Columbia
Delgamuukw v. British Columbia → alsoKnownAs → Delgamuukw ⓘ
linked to: Delgamuukw v. British Columbia
Delgamuukw v. British Columbia → alsoKnownAs → Delgamuukw v. The Queen ⓘ
linked to: Delgamuukw v. British Columbia
Guerin v. The Queen → influencedCase → Delgamuukw v. British Columbia ⓘ
Wetʼsuwetʼen people → hasLegalCase → Delgamuukw v. British Columbia ⓘ
Canadian Aboriginal law → keyCase → Delgamuukw v British Columbia ⓘ
linked to: Delgamuukw v. British Columbia