Counteracting Settler Legal Systems

Abstract

The 1997 Supreme Court case Delgamuukw v. British Columbia was groundbreaking in its recognition of oral histories as evidence of Aboriginal title. Brought forth by the Wet’suwet’en and Gitxsan nations, the trial would decide the title to territory in northern British Columbia, a jurisdiction which notably had never signed any treaties with the Canadian government. The Supreme Court overturned an earlier judgement from lower B.C. courts that had claimed Aboriginal title did not exist in law, allowing an appeal and leading to a retrial. The Supreme Court’s ruling not only defined the scope of Aborginal title, but ensured it was a constitutionally protected right that cannot be extinguished by the provinces, although it could be “infringed upon.” Additionally, it set the precedent for all future cases that Indigenous oral history must be given the same weight as written colonial history.