Tsilhqot’in v BC, Supreme Court of CANADA [2014]

[14] The principles developed in Calder, Guerin and Sparrow were consolidated and applied in the context of a claim for Aboriginal title in Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010. This Court confirmed the sui generis nature of the rights and obligations to which the Crown’s relationship with Aboriginal peoples gives rise, and stated that what makes Aboriginal title unique is that it arises from possession before the assertion of British sovereignty, as distinguished from other estates such as fee simple that arise afterward. The dual perspectives of the common law and of the Aboriginal group bear equal weight in evaluating a claim for Aboriginal title.