Supreme Court of Canada won’t hear appeal of Aboriginal title case in New Brunswick
The Supreme Court of Canada has declined to hear an appeal regarding an Aboriginal title case in New Brunswick, leaving unresolved issues related to private property rights. The New Brunswick Court of Appeal previously ruled that the Wolastoqey Nation cannot claim Aboriginal title over private lands, which contrasts with a similar case in British Columbia. The Wolastoqey Nation plans to continue their fight for recognition of their title over various lands, including those privately owned.
- ▪The Supreme Court of Canada will not hear an appeal from the Wolastoqey Nation regarding Aboriginal title over private property.
- ▪The New Brunswick Court of Appeal ruled that recognizing Aboriginal title over private lands would undermine reconciliation efforts.
- ▪The Wolastoqey Nation can still pursue claims over Crown lands and seek compensation for losses of privately owned lands.
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Open this photo in gallery:The Supreme Court of Canada in Ottawa.Sean Kilpatrick/The Canadian PressShareSave for laterPlease log in to bookmark this story.Log InCreate Free AccountThe Supreme Court of Canada will not hear an appeal of an Aboriginal title case in New Brunswick, leaving questions of private-property rights raised in land-claims litigation on both sides of the country unresolved for now.Last December, New Brunswick’s Court of Appeal ruled that the Wolastoqey Nation cannot seek a declaration of Aboriginal title over private property, saying the harm to private-property rights would undermine efforts in Canada to achieve reconciliation with First Nations.New Brunswick appeal court rules Indigenous group can’t seek Aboriginal title over private landThe ruling was delivered as a…
Excerpt limited to ~120 words for fair-use compliance. The full article is at The Globe and Mail.
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