Title Work

The Supreme Court of Canada refused to hear an appeal from a New Brunswick First Nation over Aboriginal title and private land, a development the federal government says will have an impact on the Cowichan Tribes case in British Columbia.

The refusal by Canada’s High Court to hear a First Nation’s appeal against the decision in New Brunswick establishes a precedent that First Nations can seek compensation for loss of traditional lands, but they will not be able to assert ownership.

The Crown-Indigenous Relations Department says the court’s refusal to hear the appeal will inform arguments in other cases, including Cowichan, adding that “private property rights are fundamental.”

The B.C. Supreme Court’s ruling in favour of the Cowichan Nation found it had “established Aboriginal title” to more than 5.7 square kilometres of land along the Fraser River in Richmond.

The provincial and federal governments and other First Nations are appealing that decision.