How has the trial judge considered aboriginal perspective in the context of aboriginal title claims?
British Columbia, Canada
The following excerpt is from R. v. Sauls et al, 2004 BCSC 1476 (CanLII):
The trial judge was clearly alive to the need to consider the aboriginal perspective. At ¶ 24, he referred to Delgamuukw v. British Columbia, 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010, 153 D.L.R. (4th) 193, and stated that it: ...confirmed the existence of aboriginal title, how it is protected by s. 35 of the Constitution Act, 1982, what is required for its proof, it is sui generis, held communally and that it is a ‘right to the land itself’.
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