How has "native title" been defined in the context of land ownership claims?
British Columbia, Canada
The following excerpt is from Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA):
In Mabo v. Queensland, Mr. Justice Brennan, at p.41 defined "native title" in this way: The preferable rule, supported by the authorities cited, is that a mere change in Sovereignty does not extinguish native title to land. (The term "native title" conveniently describes the interests and rights of indigenous inhabitants in land, whether communal, group or individual, possessed under the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants.)
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