What must be proven to establish aboriginal title?

To establish aboriginal title, it is necessary to demonstrate exclusive rights through historical occupancy. This involves proving that the indigenous group in question has historically occupied and used the land in a continuous and exclusive manner prior to the assertion of sovereignty by the state. This historical occupancy is critical, as it establishes a connection between the indigenous peoples and the land, highlighting their longstanding practices and societal ties to the area.

The requirement for exclusivity indicates that the group must show they had a primary and dominant occupation of the land compared to other groups. The recognition of aboriginal title thus acknowledges the unique relationship between Indigenous peoples and their traditional lands, which has been affirmed in various court decisions as being integral to establishing their rights.