What is the case law on aboriginal intervention in aboriginal title cases?

British Columbia, Canada


The following excerpt is from The Ahousaht Indian Band et al v. The Attorney General of Canada et al, 2006 BCSC 646 (CanLII):

In particular, Canada relies on the dicta of Lamer J. in Delgamuukw v. British Columbia, 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010 (S.C.C.) in which he stated that intervention in aboriginal title cases, by aboriginal nations with claims overlapping the plaintiffs’ claim, was advisable. He stated at ¶ 185: I conclude with two observations. The first is that many aboriginal nations with territorial claims that overlap with those of the appellant did not intervene in this appeal, and do not appear to have done so at trial. This is unfortunate, because determinations of aboriginal title for the Gitksan and Wet’suwet’en will undoubtedly affect their claims as well. This is particularly so because aboriginal title encompasses an exclusive right to the use and occupation of land, i.e., to the exclusion of both non-aboriginals and members of other aboriginal nations. It may, therefore, be advisable if those aboriginal nations intervened in any new litigation.

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