between the colonizing powers and did not diminish the sovereignty of the indigenous inhabitants. "It regulated the right given by discovery among the European discoverers, but could not affect the rights of those already in possession, either as aboriginal occupants, or as occupants by virtue of a discovery made before the memory of man." However, in five further cases decided between 1836 and 1842, Mitchel I, Fernandez, Clark, Mitchel II, and Martin, the Supreme Court restored the rule in Johnson that discovery gave the discovering nation ultimate title to land, subject to a right of occupancy held by indigenous peoples. In Oliphant v. Suquamish Indian Tribe (1979), the Supreme Court held that discovery deprived tribes of the right to prosecute non-Indians. In Duro v. Reina (1990) the court held that tribes could not prosecute Indians who were not a member of the prosecuting tribe. However in November 1990, the Indian Civil Rights Act was amended by Congress to permit inter-tribal prosecutions. Impact on Canadian law Johnson v M'Intosh was extensively discussed in St Catharines Milling and Lumber Co v R (1888), the first Canadian case on Indigenous land title. The judge in first instance stated that Marshall had "concisely stated the same law of the mother country". On appeal, however, the Privy Council departed from Johnson in finding that native land rights were derived from a royal proclamation of 1763. In 1973, Calder v British Columbia (Attorney General), the Supreme Court of Canada found that the Indigenous peoples of Canada held an aboriginal title to their land which was independent of the Royal Proclamation of 1763 and was derived from the fact that, "when the settlers came, the Indians were there, organized in societies and occupying the land as their forefathers had done for centuries". In Tsilhqot'in Nation v British Columbia (2014) the Supreme Court of Canada confirmed that "the doctrine of terra nullius never applied in Canada". Aboriginal title is a beneficial interest in land, although the Crown retains an underlying title. The court set out a number of conditions which must be met in order for the Crown to extinguish Aboriginal title. Advocacy against the doctrine In 2007, the United Nations (UN) adopted the Declaration on the Rights of Indigenous Peoples, which acknowledges the "rights of Indigenous peoples to their land". The only nations to vote against the declaration were the United States, Canada, Australia and New Zealand.