What is the test for aboriginal title in Canada?

Alberta, Canada


The following excerpt is from Many Guns v. Siksika Nation Tribal Administration, 2003 ABPC 164 (CanLII):

In Delgamuukw v. British Columbia 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010, Lamer C.J. stated: “Aboriginal title encompasses the right to exclusive use and occupation of the land held pursuant to that title for a variety of purposes, which need not be aspects of those aboriginal practices, customs and traditions which are integral to distinctive aboriginal cultures. ... and also: “The exclusive right to use land is not restricted to the right to engage in activities which are aspects of aboriginal practices, customs and traditions integral to the claimant group’s distinctive aboriginal culture. Canadian jurisprudence on aboriginal title frames the “right to occupy and possess” in broad terms and, significantly, is not qualified by the restriction that use be tied to practice, custom or tradition. The nature of the Indian interest in reserve land which has been found to be the same as the interest in tribal lands is very broad and incorporates present-day needs. ...

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