Aboriginal Rights and Title in Canada After Delgamuukw: Anthropological Perspectives

By Brian Thom
McGill University, Montreal, Que.


The 1997 Delgamuukw decision of the Supreme Court of Canada has been an important moment in determining the nature and extent of Aboriginal rights and title in Canada. This paper critically reviews this decision, drawing on anthropological and legal scholarship to put into context how Aboriginal rights and title have been conceptualized and argued. This paper also reviews the continuing importance of social science research in general and anthropology in particular for contributing to Aboriginal rights and title debates.


This is an early draft of the following articles:

Aboriginal Rights and Title in Canada After Delgamuukw: Part One, Oral Traditions and Anthropological Evidence in the Courtroom. Native Studies Review. 14(1):1-26.

Part Two:  Anthropological Perspectives on Rights, Tests, Infringement & Justification. Native Studies Review. 14(2):1-42.