The Cowichan followed a decision of the Supreme Court of Canada in 1997, Delmaguukw, which held that in the absence of a treaty ceding their lands, any band is entitled to aboriginal title over any area to which they can prove their ancestors had exclusive possession in 1846.
And the court decided that to assist bands in proving the fact of possession in 1846, the band could introduce 7th generation hearsay evidence, passed down through generations, as to what land was occupied in 1846. This reversed a common law prohibition against first hand hearsay evidence that applies in every other lawsuit that goes before the courts.
(Incognito)
