You claim to be Canadian but you don't know the quote from the BC Land Claims case where the Chief Justice of BC called native life prior to European settlement "short, nasty and brutish"? You're another Yank - you even use their flag as your avatar. You think like a Yank. The judge's statement wasn't political or racist. It was a flat statement of adjudicated fact based on evidence. You are trying to float a criticism without thinking it through. Take it up with the judge.
BOHICA- Adopt the position. No, a proper 270 degrees man, from the waist man. Good, now you are prepared.
Delgamuukw v. British Columbia - Wikipedia, the free encyclopedia
The Supreme Court made no decision on the land dispute, insisting that another trial was necessary. Specifically, [at paragraph 74 of the Court's decision] the Court held, "I reject the submission with respect to the substitution of aboriginal title and the self-government for the original claims of ownership and jurisdiction....[paragraph 75] The content of common law aboriginal title, for example, has not been authoritatively determined by this Court...[paragraph 77] This defect in the pleadings prevents this Court from considering the merits of this appeal."
The legal significance of those passages is that the Indian "Interest" within the meaning of section 109 of the Constitution Act, 1867, was not involved in the appeal. Section 109 is the section that says the Crown's CONSTITUTIONAL "Interest" is subject to the Indian CONSTITUTIONAL "Interest" so long as the Indian "Interest" has not been sold to the Crown by a valid treaty.
It confirms that Indian sovereignty, i.e., exclusive jurisdiction and sole possession, is the supreme law of the land pending treaty and, correspondingly, establishes the utter irrelevance of Crown Parliamentary legislation and Crown court recent inventions based upon the "common law".
It is widely held that "The ruling also made important statements about the legitimacy of Indigenous oral history ruling that oral histories were just as important as written testimony.[6] [7]