Accession consists of records created and/or maintained by the B.C. Region of the Department of Justice.
The accession contains records arising from the Delgamuukw case, which confirmed the existence of aboriginal title (that is, aboriginal rights to land itself, rather than rights of usage of that land). The case began in 1984 when the Gitxsan Nation and the Wet'suwet'en Nation began a lawsuit against the Province of British Columbia, claiming rights to 133 individual territories in northwestern British Columbia. While the specific claim to the land was not decided, the judges of the Supreme Court did make statements about aboriginal rights and title that indicate how the courts are to consider future cases of this nature. The case also stated that courts must be willing to give some weight to oral history when determining the existence of aboriginal title.
The accession includes, but is not limited to records relating to: Court of Appeal references (revised factum and appendices); factum of Russell and DuMoulin, Amicus Cariae; speaking notes of Amicus Cariae, colonial extinguishment; Amicus references; references of the Appellants' factum; maps; reply to Amicus on remedies; Appellants' reply to Royal Proclamation; Appellants' reply to Canada's argument on anthropological evidence; Appellants' reply to Canada's argument on overlap; Appellants' reply on the Province's revised factum; case authorities, articles, and texts; legislative authorities; appeal book; speaking notes and references of the intervenor Carrier Sekani Tribal Council; reference book of intervenor National Indian Brotherhood/Assembly of First Nations; selected evidence of resource tenures and other interests in the claim area; appeal book index; transcripts; excerpts from proceedings; appeal conference; affidavit; replies and submissions; factum and submissions of intervenors Coast Salish Nation, Carrier Sekani Tribal Council, Union of British Columbia Indian Chiefs, Alcan Aluminum Company Ltd., Mining Association of British Columbia, Masset Band, Old Masset Village Council, and National Indian Brotherhood/Assembly of First Nations.
