In R. v. Adams and Delgamuukw v. British Columbia, the Supreme Court of Canada made statements to the effect that certain historically nomadic Aboriginal groups may be unable to make out a claim for Aboriginal title under section 35(1) of the Constitution Act, 1982. In light of the anthropological evidence relating to the close connection some of these groups enjoyed with the lands they occupied, a serious injustice may arise if these groups are indeed barred from an Aboriginal title claim. The author attempts to correct this potential injustice by demonstrating that at least some of these historically nomadic groups could meet the exclusive occupation test for Aboriginal title developed in Delgamuukw. As an alternative solution, the author proposes an additional test to facilitate proof of Aboriginal title for deserving historically nomadic groups that might otherwise be precluded from claiming such title
