Aboriginal title defined:New trial ordered in Delgamuukw case
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The Chief Justice of the Supreme Court of Canada dealt a blow to the legacy of colonialism when he handed down his 87 page decision in the Delgamuukw v. British Columbia land claim case on Dec. 11.
Justice Antonio Lamer wrote the decision, with all his fellow justices on the highest court in the land concurring, which completely overturned the 1991 decision of then British Columbia Supreme Court Justice Allan McEachern who dismissed the oral testimony of Elders and chiefs and ruled that Aboriginal rights to land in the province had been distinguished in 1871.