In an aboriginal rights and title case, how have the courts considered expert evidence in aboriginal cases?
British Columbia, Canada
The following excerpt is from Sam v. British Columbia, 2016 BCSC 86 (CanLII):
The Songhees also submit that expert evidence in aboriginal cases is particularly important. As was noted in Ahousaht Indian Band v. Canada (Attorney General), 2009 BCSC 1494 at para. 55: The task facing courts in aboriginal rights and title cases is one usually reserved for historians, anthropologists, archaeologists, and ethnographers. Courts have sufficient difficulty determining what happened a few months or years ago, never mind a few centuries ago. The main fact that the plaintiffs seek to prove is that they traded fish prior to contact with European culture, and that that activity is analogous to the modern activity of commercial fishing. The majority of the evidence at trial concerning the aboriginal rights claim was led to prove this fact.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the definition of an Aboriginal right been interpreted in the context of Aboriginal rights cases? (British Columbia, Canada)
What is the case law on aboriginal intervention in aboriginal title cases? (British Columbia, Canada)
Does a party have to prove aboriginal right or title before there is a duty to consult with the aboriginal peoples? (British Columbia, Canada)
When considering a long-term mental health case, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
In a BC Supreme Court case, in what circumstances will the court consider success versus loss of custody? (British Columbia, Canada)
Is there any authority in aboriginal rights and title rights that can be relied upon by a collective authority? (British Columbia, Canada)
What is the most obvious case in which a court may find a breach of the standard of care in the absence of expert evidence? (British Columbia, Canada)
How has the trial judge considered aboriginal perspective in the context of aboriginal title claims? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
Does the Adjudicator's failure to consider video evidence deprive the petitioner of his right to make full answer and defence as guaranteed by s. 7 of the Charter of Rights and Freedoms? (British Columbia, Canada)
