What is the test for aboriginal title in common law?
British Columbia, Canada
The following excerpt is from Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA):
First of all, I say that I agree with Mr. Justice Brennan that aboriginal title should not be denied because of difficulties in the establishment of boundaries. Boundary questions can in the end be worked out between the right parties and on the basis of the competing contentions when all parties are represented. Mr. Justice Brennan, in Mabo v. Queensland, put the point this way at p.36: There may be difficulties of proof of boundaries or of membership of the community or of representatives of the community which was in exclusive possession, but those difficulties afford no reason for denying the existence of a proprietary community title capable of recognition by the common law. (my emphasis)
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