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 (4)
| Label | Occurrences |
|---|---|
| Delgamuukw v. British Columbia canonical | 3 |
| Delgamuukw | 1 |
| Delgamuukw v. The Queen | 1 |
| Delgamuukw–Gisdayʼwa land claims case | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T4149339 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Delgamuukw v. British Columbia Context triple: [Gitxsan, involvedInCase, Delgamuukw v. British Columbia]
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A.
Nisga’a Final Agreement
The Nisga’a Final Agreement is a landmark modern treaty in British Columbia that recognizes Nisga’a self-government and land rights, serving as a key model for contemporary Indigenous–Crown agreements in Canada.
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B.
Inuvialuit Final Agreement
The Inuvialuit Final Agreement is a comprehensive land claims settlement between the Inuvialuit and the Government of Canada that defines Inuvialuit rights to land, resources, and self-governance in the western Canadian Arctic.
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C.
Labrador Inuit Land Claims Agreement
The Labrador Inuit Land Claims Agreement is a comprehensive modern treaty that recognizes the self-government and land rights of the Inuit of northern Labrador, leading to the creation of the Nunatsiavut Government.
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D.
Tsawwassen First Nation
Tsawwassen First Nation is an Indigenous Coast Salish community located in the Lower Mainland of British Columbia, Canada, known for its modern treaty and self-governing status.
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E.
Mabo v Queensland (No 2)
Mabo v Queensland (No 2) is a landmark 1992 High Court of Australia decision that recognized native title and overturned the doctrine of terra nullius in relation to Aboriginal and Torres Strait Islander land rights.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Delgamuukw v. British Columbia Target entity description: 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.
-
A.
Nisga’a Final Agreement
The Nisga’a Final Agreement is a landmark modern treaty in British Columbia that recognizes Nisga’a self-government and land rights, serving as a key model for contemporary Indigenous–Crown agreements in Canada.
-
B.
Inuvialuit Final Agreement
The Inuvialuit Final Agreement is a comprehensive land claims settlement between the Inuvialuit and the Government of Canada that defines Inuvialuit rights to land, resources, and self-governance in the western Canadian Arctic.
-
C.
Labrador Inuit Land Claims Agreement
The Labrador Inuit Land Claims Agreement is a comprehensive modern treaty that recognizes the self-government and land rights of the Inuit of northern Labrador, leading to the creation of the Nunatsiavut Government.
-
D.
Tsawwassen First Nation
Tsawwassen First Nation is an Indigenous Coast Salish community located in the Lower Mainland of British Columbia, Canada, known for its modern treaty and self-governing status.
-
E.
Mabo v Queensland (No 2)
Mabo v Queensland (No 2) is a landmark 1992 High Court of Australia decision that recognized native title and overturned the doctrine of terra nullius in relation to Aboriginal and Torres Strait Islander land rights.
- F. None of above. chosen
Statements (52)
| Predicate | Object |
|---|---|
| instanceOf |
Supreme Court of Canada decision
ⓘ
landmark court case ⓘ |
| alsoKnownAs |
Delgamuukw v. British Columbia
ⓘ
surface form:
Delgamuukw
Delgamuukw v. British Columbia ⓘ
surface form:
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 ⓘ Canadian Aboriginal law ⓘ
surface form:
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
ⓘ
Chief Justice of Canada ⓘ
surface form:
Beverley McLachlin
Charles Gonthier ⓘ Frank Iacobucci NERFINISHED ⓘ Gerard La Forest NERFINISHED ⓘ John C. Major ⓘ
surface form:
John Major
Michel Bastarache ⓘ Peter Cory ⓘ |
| legalArea |
Aboriginal law
ⓘ
constitutional law ⓘ property law ⓘ |
| originatingCourt | Supreme Court of British Columbia ⓘ |
| plaintiffCollective |
Gitxsan
NERFINISHED
ⓘ
Wet’suwet’en NERFINISHED ⓘ |
| provinceInvolved | British Columbia ⓘ |
| relatedCase |
Calder v. British Columbia (Attorney General)
ⓘ
R. v. Sparrow ⓘ Tsilhqot'in Nation v. British Columbia ⓘ
surface form:
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
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Subject: Delgamuukw v. British Columbia Description of subject: 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.
Referenced by (6)
Full triples — surface form annotated when it differs from this entity's canonical label.