Supreme Court dismissal of Aboriginal Title case could impact Cowichan appeal

Added: 2026-05-31

[00:00:00]The Supreme Court of Canada has dismissed an appeal in an Aboriginal title case out of New Brunswick that could impact the Kowichin case in BC and other title claims across the country.

[00:00:12]As is standard practice, our top court did not provide any reasoning for why it won't hear the case. But this dismissal means the lower court ruling will stand, which puts private property rights ahead of indigenous title claims. Now, this case deals with the Wastigay Nation, which is claiming title over a large portion of New Brunswick. But this led to legal action over the private land being impacted, and some corporations launched legal action to make sure their property is excluded from the claim.

[00:00:44]Now, last December, the New Brunswick Court of Appeal ruled that the Waste Nation could not seek a declaration over of Aboriginal title over private property. The justice said such a declaration would be the death nail of reconciliation, adding they were unable to see how Aboriginal title could coexist with private land. However, he did not stop the nation from potentially seeking damages or compensation from the crown for any lost lands. So that ruling now stands and it's in contrast to the Kawichin decision that has sparked fear and confusion in BC. That decision opens the door to Aboriginal title impacting private property. However, all parties involved, Kowichin and the provincial and federal governments are all appealing that ruling. The federal justice minister tells me the issues at the heart of this New Brunswick case are similar to Kowichin and he suggests this may impact their appeal arguments moving forward in that case. I think sent a very strong message that they uh accept the decision of the New Brunswick Court of Appeal. As you've correctly summarized, uh that indicates to me that private property rights uh will be maintained uh in the face of claims of Aboriginal title. uh a decision that you you can't have uh that that the nature of that claim on on private property is obviously going to inform precedent uh that will have an impact not just on uh potentially the Kawichin decision uh but all future decisions where similar issues come up. Uh so uh I think this was a pretty strong signal that the Supreme Court of Canada sent. Now, the federal crown indigenous relations minister, Rebecca Alti, her office says uh the government will be using every legal avenue to protect property rights while also working to advance reconciliation. Waste chiefs have also put out a statement saying they remain resolute in their pursuit of title uh adding that Canadians expect the Supreme Court will eventually need to clarify the law on whether Aboriginal title can be recognized in relation to privately held lands. Uh we know that this has become a big political issue as well. Uh the federal conservatives have been campaigning in BC on the cowing case arguing that the federal government hasn't done enough to protect property rights. Uh no date has yet been set for the arguments in the BC court of appeal uh for that cowin ruling. Cormarmac Mweeny, City News, Ottawa.