CANADA—The Supreme Court of Canada has chosen not to speak.
And in that silence, one of the most consequential legal questions facing the country remains unanswered: can Aboriginal title ultimately prevail over privately owned land?
On May 28, Canada’s highest court declined to hear an appeal arising from a landmark New Brunswick case involving the Wolastoqey First Nations. The decision leaves standing a ruling from the New Brunswick Court of Appeal, but offers no guidance on an issue that is increasingly finding its way into courtrooms across the country.
As is customary, the Supreme Court provided no reasons for refusing leave to appeal.
The case traces back to 2021, when the Wolastoqey First Nations launched a legal action seeking a declaration of Aboriginal title over a vast swath of western New Brunswick. Included within the claim were lands owned by seven private companies.