Back Delgamuukw c. Colombie-Britannique French デルガムーク対ブリティッシュ・コロンビア州 Japanese Delgamuukw × Colúmbia Britânica Portuguese

Delgamuukw v British Columbia

Delgamuukw v British Columbia
Supreme Court of Canada
Supreme Court of Canada
Hearing: June 16, 17, 1997
Judgment: December 11, 1997
Full case nameDelgamuukw, also known as Earl Muldoe, suing on his own behalf and on behalf of all the members of the Houses of Delgamuukw and Haaxw (and others) v Her Majesty The Queen in Right of the Province of British Columbia and The Attorney General of Canada
Citations[1997] 3 SCR 1010
Docket No.23799 [1]
RulingAppeal allowed in part, cross appeal dismissed.
Court membership
Chief Justice: Antonio Lamer
Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major
Reasons given
MajorityLamer CJ (paras 1-186), joined by Cory and Major JJ
ConcurrenceMcLachlin J (para 209)
ConcurrenceLa Forest J (paras 187-208), joined by L'Heureux-Dubé J
Iacobucci, Gonthier, and Sopinka JJ took no part in the consideration or decision of the case.

Delgamuukw v British Columbia, [1997] 3 SCR 1010, also known as Delgamuukw v The Queen, Delgamuukw-Gisday’wa,[2][3] or simply Delgamuukw, is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada.[4]: 99  The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the Constitution Act, 1982, defined how a claimant can prove Aboriginal title, and clarified how the justification test from R v Sparrow applies when Aboriginal title is infringed.[5][6]: para 16  The decision is also important for its treatment of oral testimony as evidence of historic occupation.[4]: 91 [7]

While much of the decision is technically obiter dicta (since a new trial was ordered due to errors in how the evidence and pleadings were treated), the principles from Delgamuukw were restated and summarized in Tsilhqot'in Nation v British Columbia, 2014 SCC 44.[8][6][4]: 100, 104  There has not yet been a second trial in this case.

  1. ^ SCC Case Information - Docket 23799 Supreme Court of Canada
  2. ^ McCreary, Tyler (October 10, 2018). "Plaintiff helped win a major victory for Canada's native people". The Globe and Mail. Retrieved March 7, 2020.
  3. ^ Forester, Brett (March 4, 2020). "The Delgamuukw decision: Putting the Wet'suwet'en conflict in perspective". APTN News. Retrieved March 7, 2020.
  4. ^ a b c Reynolds, Jim (2018). Aboriginal Peoples and the Law. Vancouver: Purich Books.
  5. ^ Delgamuukw v British Columbia, [1997] 3 SCR 1010.
  6. ^ a b Tsilhqot'in Nation v British Columbia, 2014 SCC 44.
  7. ^ Kurjata, Andrew (December 11, 2017). "20 years ago, this court case changed the way Canadians understood Indigenous rights". CBC News. Retrieved February 19, 2018. Delgamuukw set a precedent for Indigenous rights and the use of oral testimony in Canadian courts.
  8. ^ Burrows, John (Fall 1999). "Sovereignty's Alchemy: An Analysis of Delgamuukw v British Columbia". Osgoode Hall Law Journal. 37 (3).

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