Calder Case

CALDER CASE was a landmark legal case launched in 1969 by the Nishga Tribal Council and its lawyer, Tom BERGER, and named for NISGA'A chief Frank CALDER. The NTC sought a court ruling that the Nisga'a (then called Nishga) people of the NASS R had aboriginal title to their traditional territory and had never given it up. The BC Supreme Court rejected the NTC's arguments, ruling that there was no aboriginal title. This decision was upheld by the BC Court of Appeal, but the NTC persevered and took its case to the Supreme Court of Canada. In 1973, 6 of the 7 justices ruled that the Nisga'a did have a pre-existing aboriginal title based on the long-time occupation and use of their traditional territory (the seventh justice ruled against the NTC on a technicality). On the matter of whether or not this title had been extinguished when BC joined CONFEDERATION, the 6 justices divided evenly, leaving that aspect moot. By finding that aboriginal title had existed, and by raising at least the possibility that it still existed, the court encouraged the federal government to begin negotiating the land claims issue. See also ABORIGINAL RIGHTS; FIRST NATIONS.