What is aboriginal title in Canada?

Ontario, Canada


The following excerpt is from Walpole Island First Nation et al. v. Canada (Attorney General), 2004 CanLII 7793 (ON SC):

Aboriginal title in Canada is defined as follows: Although the courts have been less than forthcoming, I have arrived at the conclusion that the content of aboriginal title can be summarized by two propositions: first, that 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 second, that those protected uses must not be irreconcilable with the nature of the group’s attachment to that land. For the sake of clarity, I will discuss each of the proportions separately. Delgamuukw v. B.C., 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010, para. 117, Lamer C.J.

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