Canadian Provincial Legislative Powers and Aboriginal Rights Since Delgamuukw: Can a Province Infringe Aboriginal Rights or Title?

In 1888, the Judicial Committee of the Privy Council in the case of St Catherine’s Milling signalled to the provinces that Aboriginal title lands would not be available as ‘a source of revenue’ to the provinces until that title had been extinguished.2 One hundred years later, the Privy Council’s statement continues to be a valid warning to provinces in their dealings with Aboriginal title lands. In the 1997 decision of Delgamuukw v British Columbia,3 the Supreme Court left the question of provincial jurisdiction to infringe or regulate Aboriginal title unclear and unresolved.