Case Law

1973 – Caulder Decision, Supreme Court of Canada
The Caulder established the foundation for Aboriginal Title being recognized in Canadian law.  Nisga’a went to the Supreme Court of Canada about the continuation of aboriginal title.  The Court ruled that Aboriginal title exists but was evenly split as to whether aboriginal title has been extinguished.  

1997 – Delgamukw Decision, Supreme Court of Canada
The Supreme Court of Canada recognized Aboriginal title as a collective right that has an inescapable economic component.  The Court set out a test for the existence of Aboriginal title but put the responsibility on First Nations to prove Aboriginal title.  The Court also urged that the issue of Aboriginal title be settled through negotiated agreements.

2004 – Haida Decision, Supreme Court of Canada
The Supreme Court of Canada indicated that as long as the first impression supports the likelihood of Aboriginal title that is sufficient to require governments to consult and strive to accommodate First Nation interests even though the full blown Delgamukw Aboriginal title test is not proven.