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Aboriginal title can’t be declared over private land; Supreme Court of Canada refuses appeal

Click to play video: 'Supreme Court of Canada refuses First Nation’s appeal over Aboriginal title'
Supreme Court of Canada refuses First Nation’s appeal over Aboriginal title
Supreme Court of Canada refuses First Nation’s appeal over Aboriginal title – May 29, 2026

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.

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

Click to play video: 'Richmond mayor asks Cowichan First Nation to put its private property assurances in writing'
Richmond mayor asks Cowichan First Nation to put its private property assurances in writing

B.C.’s Attorney General, Niki Sharma, told reporters on Thursday that B.C.’s argument is essentially what the court found in New Brunswick.

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“So we think it is very interesting that the Supreme Court of Canada decided not to hear that case, so therefore leave that law in place,” she said.

“I think that it bodes well for our legal issues here and what we are trying to sort out and our arguments that we made before the courts here.”

Sharma said she thinks the ruling gives the province a clear path to an appeal in B.C.

“It’s an interesting state right now where the Supreme Court has decided to not take a look at that law, so not to overturn that decision in New Brunswick when it’s the same legal issues that we’re dealing with here,” she added.

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“I think that bodes well for our arguments and the appeals that we are seeking in B.C.”

Editor’s Note: An earlier version of this story incorrectly stated that the Supreme Court upheld a ruling, when in fact, they refused to hear an appeal. Global News regrets the error.

-with files from The Canadian Press

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