In Delgamuukw v. British Columbia (1997), the Supreme Court of Canada ruled that Aboriginal title is a right to the land itself –not just the right to hunt, fish and gather — and that when dealing with Crown land, the government must consult with and may have to compensate First Nations whose rights may be affected. However, there was no decision as to whether the plaintiffs have aboriginal title to the lands they claimed. The court said the issue could not be decided without a new trial.
Delgamuukw confirmed that Aboriginal title was never extinguished in BC and therefore still exists. It is a burden on Crown title, and when dealing with Crown land the government must consult with and may have to accommodate First Nations whose rights are affected.
Photo Source: https://www.nationalobserver.com/2022/12/10/opinion/25-years-supreme-court-delgamuukw-decision