Aboriginal Title

Aboriginal land claims can involve both the right to the use of lands (e.g. right to hunt and trap) and/or an Aboriginal title to the land. In 1997, the Supreme Court of Canada ruled in the Delgamuukw case that Aboriginal title is a property right to the land itself - not just the right to hunt, fish and gather. Aboriginal title is a communal right; an individual cannot hold Aboriginal title.

Aboriginal title to the land is based on an Aboriginal group's traditional use and occupancy of an area. Proof of Aboriginal title requires an examination of an Aboriginal group's traditional use and occupation of an area and is site and fact specific.