30.7.04

What is that building across the street used for?

Alright. I made it to school. About my project: basically I'm looking at the Delgamuukw v.British Columbia case. The short version goes something like this:

Delgamuukw: We want to claim this territory as our traditional land.
Province: Ummm, no.
Del: Why not?
Prov: Well, you guys didn't sign a treaty, and you have no proof that you have always been here.
Del: Signing a treaty means surrendering our land to the Crown, so no thanks. And as far as proving we've been here all this time, we have an oral tradition that binds us to this land that dates back longer than European colonization .
Prov: You must be kidding! Oral tradition? That kind of evidence is as flimsy as my granny's oatmeal! There is no documentation to prove your claim, so therefore our answer is still a resounding "no".
Del: Hm.

So Delgamuukw takes the province to court, and after the first trial (which was practically rigged) and an appeal Delgamuukw wins his case. This set a precedent in future Aboriginal land claims in B.C., and gave Aboriginal communitites some leverage when dealing with corporations that want to harvest natural resources on their land.

I am going to focus on the initial ruling, and the use of oral history as a source of evidence. Wish me luck.

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