What is the current state of the law on historical evidence in aboriginal claims?

195 I am of the view that while the court must approach historical evidence in proceedings involving aboriginal claims with sensitivity and a broad understanding of the evidentiary difficulties that inevitably arise in such cases, the “special rules” regarding evidence adduced by aboriginal claimants first referred to in Delgamuukw v. British Columbia, 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010, are geared exclusively toward non-traditional (primarily oral) evidence. They have no application where the action, as here, proceeded to trial based entirely on documentary evidence.