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''Delgamuukw v British Columbia'' () 3 S.C.R. 1010, also known as ''Delgamuukw v The Queen'' is a decision of the Supreme Court of Canada where the Court expressly and explicitly declined to make any definitive statement on the nature of aboriginal title in Canada. The Court held at paragraphs 74, 75 and 77 that, () "I reject the submission with respect to the substitution of aboriginal title and self-government for the original claims of ownership and jurisdiction … () The content of common law aboriginal title, for example, has not been authoritatively determined by this Court … () This defect in the pleadings prevents this Court from considering the merits of this appeal.” The relevance of the case for aboriginal title derives from what the Chief Justice Lamer ruled in a dialogue from the Bench with counsel Bruce Clark appearing on a preliminary objection to the Court's territorial jurisdiction based upon the First Nation's unsurrendered territorial sovereignty. The Court Transcript finds the Chief Justice saying, “If you had decided to initiate or if you decide tomorrow morning to initiate in the Supreme Court of British Columbia an action for declaratory relief saying that the British Columbia courts have no jurisdiction, that is a different matter and you could be arguing to the judge that, well, this is an issue that has never been tried.… There is no doubt that it is a constitutional issue. … Is that all you have to say on the constitutional question?”〔Delgamuukw v. AGBC , supra, Transcript of the Proceeding on a Preliminary Jurisdictional Motion 12 September 1995, quoted in Bruce Clark, Justice in Paradise, McGill-Queen’s University Press, Montreal and Kingston, 1999, pp.365, 366, 367.〕 For these reasons the precedent value of the ''Delgamuukw'' is that the constitutional question of the paramountcy over a Crown Government’s and Court’s jurisdiction of a First Nation's territorial sovereignty pending proof of a surrender, by treaty, is a legitimate and outstanding constitutional question that this Court has never decided, because it has never been tried. Aside from that, the Court expressly and explicitly refused to decide anything of precedent value regarding the Aboriginal constitutional interest. ==Court proceedings== The proceedings were started in 1984 by the Gitksan and the Wet'suwet'en Nation. They bypassed the slow Federal Land Claims process in which the British Columbia Provincial Government would not participate. They claimed ownership and legal jurisdiction over 133 individual hereditary territories, a total of 58,000 square kilometres of northwestern British Columbia, an area larger than the province of Nova Scotia. The Gitksan and Witsuwit'en used their oral histories as principle evidence in the case. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Delgamuukw v British Columbia」の詳細全文を読む スポンサード リンク
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