Aboriginal Title Can't Apply to Private Land, Supreme Court of Canada Decides
The ruling leaves First Nations able to seek compensation, while the federal government says it will guide other title disputes in British Columbia.
- On Thursday, the Supreme Court of Canada rejected the Wolastoqey Nation's appeal, finalizing a ruling that Aboriginal title cannot be declared over private land.
- The decision upholds a New Brunswick Appeal Court ruling from last December, which stated declaring Aboriginal title over private property would "sound the death knell of reconciliation with the interests of non-Aboriginal Canadians."
- While the Wolastoqey argued they never ceded the land, the court determined they cannot assert ongoing ownership over private property but may pursue damages and compensation for lost traditional lands.
- Crown-Indigenous Relations Minister Rebecca Alty's office stated the federal government will protect private property rights, and the ruling will inform arguments in the Cowichan Tribes case.
- This ruling contrasts sharply with a B.C. Supreme Court decision that viewed Aboriginal title as a "senior interest" over private property, leaving legal interpretations of property rights in flux across Canada.
57 Articles
57 Articles
Supreme Court refuses to hear Indigenous title claim appeal
The Supreme Court of Canada has refused to hear an appeal of a ruling that prevents the Wolastoqey Nation from getting back privately held land in their massive title claim for more than half of New Brunswick’s territory.
B.C. watches as Canada’s Supreme Court declines New Brunswick Aboriginal title appeal - Creston Valley Advance
The Supreme Court of Canada on Thursday declined to hear the appeal of a New Brunswick Aboriginal title case that conflicts with the recent Cowichan Tribes decision, potentially signalling support for the supremacy of private, fee simple title and aiding an appeal of the B.C. judgment. “I think it gives us a clear path to an appeal here in B.C.,” said Niki Sharma, B.C.’s attorney general. “We’re continuing to pursue that legal option.” In the Ne…
Supreme Court Backs Ruling Strengthening Protections for Private Landowners in Aboriginal Title Case
The Supreme Court of Canada has let stand a ruling in an aboriginal title case from New Brunswick that could strengthen protections for private landowners in indigenous land title disputes. The top court on May 28 declined to hear an appeal by the Wolastoqey Nation against a decision by the New Brunswick Court of Appeal in December of last year. The lower-court ruling found that aboriginal title claims affecting privately owned land can’t procee…
B.C. watches as Canada’s Supreme Court declines New Brunswick Aboriginal title appeal - Fort St. James Caledonia Courier
The Supreme Court of Canada on Thursday declined to hear the appeal of a New Brunswick Aboriginal title case that conflicts with the recent Cowichan Tribes decision, potentially signalling support for the supremacy of private, fee simple title and aiding an appeal of the B.C. judgment. “I think it gives us a clear path to an appeal here in B.C.,” said Niki Sharma, B.C.’s attorney general. “We’re continuing to pursue that legal option.” In the Ne…
B.C. watches as Canada’s Supreme Court declines New Brunswick Aboriginal title appeal - Grand Forks Gazette
The Supreme Court of Canada on Thursday declined to hear the appeal of a New Brunswick Aboriginal title case that conflicts with the recent Cowichan Tribes decision, potentially signalling support for the supremacy of private, fee simple title and aiding an appeal of the B.C. judgment. “I think it gives us a clear path to an appeal here in B.C.,” said Niki Sharma, B.C.’s attorney general. “We’re continuing to pursue that legal option.” In the Ne…
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