Full Breakdown
Supreme Court Agrees to Hear Nuchatlaht Aboriginal Title Appeal
By Drooid · · How we work
Core Event
The Supreme Court of Canada announced that it will hear the appeal brought by the British Columbia provincial government against the B.C. Court of Appeal’s 2024 ruling that recognized Aboriginal title over the Nuchatlaht First Nation’s entire 201 square-kilometre claim on Nootka Island. A hearing has not yet been scheduled and is unlikely to occur before the next spring or possibly the following fall. The case joins four other appeals accepted this week, bringing the court’s total new docket for the year to 48, the highest count since 2017.
Background & Context
In early 2024 the Nuchatlaht secured Canada’s second-ever declaration of Aboriginal title on a portion of Nootka Island. The lower-court decision originally limited the title to roughly 11 square kilometres, but the B.C. Court of Appeal expanded it to the full 201 square kilometres—more than one-third of the island. The appeal arrives amid a provincial election campaign that has thrust Indigenous land-rights litigation into the public spotlight.
Official Statements & Responses
The B.C. government, speaking in caretaker mode during the election, declined to comment on the appeal, limiting its communications to critical health and safety information. The Nuchatlaht’s counsel, Jack Woodward—who also represented the Tsilhqot’in Nation in the landmark 2014 title case— warned that a Supreme Court affirmation of the appellate ruling could backfire for the province. He urged any newly elected government to reconsider pursuing the appeal.
Verbatim Quotes
- “There’s no reason to continue with this,” — Mr. Woodward — Mr. Woodward