What is the current state of the law in relation to historical facts?
British Columbia, Canada
The following excerpt is from Delgamuukw v. British Columbia, 1989 CanLII 2776 (BC SC):
The course of this trial, however, demonstrates that where historical facts are clearly in issue, of which Indian land claims are an example (see Kruger v. R., 1977 CanLII 3 (SCC), [1978] 1 S.C.R. 104, [1977] 4 W.W.R. 300, 34 C.C.C. (2d) 377, 75 D.L.R. (3d) 434, 14 N.R. 495), it becomes necessary to recognize that a general rule such as the one I have just stated may not be sufficiently comprehensive, particularly where there is an admissible written historical record. While new facts may be discovered, we are only concerned in this litigation with a proper understanding of the material which has been admitted into evidence.
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