Canada: setback for Aboriginal title on private lands
The Supreme Court of Canada refused to hear an appeal by the six Wolastoqey communities of New Brunswick seeking to assert Aboriginal title over private lands. The refusal to hear the appeal makes final a lower court’s decision, holding that the Wolastoqey Nation cannot seek declarations of Aboriginal title over privately-owned lands, but may seek damages against the government for unjustified infringement of Aboriginal title. In response to the refusal, the Wolastoqey Nation maintained that it does not remove the government’s duty to First Nations. Chief Patricia Bernard of Madawaska said: “Our ancestors never surrendered our lands and waters… Our title has not been extinguished… The fight for our homeland will continue.” (Map of traditional Wabanaki Confederacy lands: Wikimedia Commons)


