WHAT IS THE DIFFERENCE BETWEEN ABORIGINAL TITLE AND CROWN TITLE?
In 1997, the Supreme Court of Canada ruled in the Delgamuukw case that aboriginal title is a right to the land itself – not just the right to hunt, fish and gather. Crown title refers to the provincial or the federal government’s interest in land. Almost all Crown land in BC is owned by the province. Delgamuukw confirmed that aboriginal title was never extinguished in BC and therefore still exists; it is a burden on Crown title; and when dealing with Crown land the government must consult with and may have to compensate First Nations whose rights are affected.
