This blog from Olthuis Kleer Townshend (OKT) Law provides context and further explanation of the decision for Aboriginal title to apply to privately owned lands. In November of 2024, six Wolastoqey Nations in New Brunswick received a precedent-setting decision in their Aboriginal title claim. In Wolastoqey Nations v New Brunswick and Canada, et. al., 2024 NBKB 203, the motion judge confirmed the possibility that Aboriginal title can be declared over private lands, clarified how such a claim should proceed, and outlined the implications of such an Aboriginal title declaration. This decision represents a significant development of the law of Aboriginal title, with implications across the country.

Aboriginal title can be declared over privately-owned land

Author: Renée Pelletier, Graeme Cook, Victoria Wicks of OKT Law

Year: 2024

Media Type: Blog