Indigenous laws, rights and title persist even after colonization, unless they have been explicitly extinguished by a valid legal process. it is a legal doctrine grounded in common law, constitutional principles, and international legal instruments. Its core legal principles have been articulated through landmark court decisions, colonial instruments, and international declarations.

1. Recognition of Pre-existing Indigenous Sovereignty and Law

“The fact is that when the settlers came, the Indigenous peoples were already here, organized in societies and occupying the land as their forebears had done for centuries. This is what justified recognition of Aboriginal title and its protection under the common law.”
— Delgamuukw v. British Columbia, [1997] 3 SCR 1010, para. 114 (Canada)

2. Indigenous Rights Survive Assertion of Crown Sovereignty

“The Crown’s assertion of sovereignty did not, in and of itself, eliminate Aboriginal rights. Those rights are best understood as rights held by Aboriginal peoples by virtue of their prior occupation of the land, which continue to exist unless they have been extinguished.”
— R v. Van der Peet, [1996] 2 SCR 507, para. 28 (Canada)

3. Aboriginal Title Is Recognized in Common Law

“Aboriginal title is a right in land and includes the right to exclusive use and occupation. Where Aboriginal title is established, it confers more than the right to engage in specific Aboriginal practices; rather, it confers the right to the land itself.”
— Tsilhqot’in Nation v. British Columbia, [2014] 2 SCR 257, paras. 70–73 (Canada)

4. Extinguishment of Indigenous Rights Requires Clear and Plain Intention

“The standard of proof of extinguishment is that the sovereign must demonstrate a clear and plain intention to extinguish Aboriginal rights. The mere fact of regulation is not sufficient.”
— R v. Sparrow, [1990] 1 SCR 1075, pp. 1099–1100 (Canada)

“The acquisition of sovereignty by the Crown did not itself extinguish native title. That extinguishment could only be achieved by the Crown with a clear and plain intention to do so.”
— Mabo v. Queensland (No. 2), (1992) 175 CLR 1, High Court of Australia

5. The Duty to Consult and Accommodate

“The honour of the Crown requires that it consult with Aboriginal peoples and, if appropriate, accommodate their interests. This duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it.”
— Haida Nation v. British Columbia (Minister of Forests), [2004] 3 SCR 511, para. 35 (Canada)

6. Customary Indigenous Legal Systems Continue to Exist

“The common law recognizes that Aboriginal peoples were here when Europeans came, and they were governed by their own laws. The common law is capable of recognizing those laws as a source of legal rights.”
— Campbell v. British Columbia (AG), 2000 BCSC 1123, para. 80 (Canada)

“Native title is not an institution of the common law. It is recognized by the common law but has its origin and content in the traditional laws and customs of the Indigenous peoples who held it.”
— Mabo v. Queensland (No. 2), (1992) 175 CLR 1, per Brennan J (Australia)

7. UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

Article 26(1–3):

1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the Indigenous peoples concerned.

Article 27:

States shall establish and implement, in conjunction with Indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to Indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of Indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

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These excerpts constitute the authoritative and full "provisions" of the Law of Continuity as developed in legal doctrine, jurisprudence, and international law. They affirm that Indigenous rights and title pre-exist colonization, survive sovereignty changes, and must be recognized and respected unless lawfully extinguished..