Canada's Supreme Court Declines Aboriginal Title Appeal on Private Lands

Supreme Court refuses to hear Wolastoqey Nation's Aboriginal title appeal over private lands.

On May 28, 2026, the Supreme Court of Canada declined to hear an appeal from the Wolastoqey Nation regarding Aboriginal title claims over private lands in New Brunswick. The indigenous group sought recognition of title over more than half of the province’s landmass, including 252,758 parcels owned privately.

This refusal effectively upholds a December 2025 ruling from the New Brunswick Court of Appeal, which stated that Aboriginal title cannot be declared on privately owned land. The court reasoned that such a declaration would "sound the death knell of reconciliation with the interests of non-Aboriginal Canadians." A spokesperson for the Crown-Indigenous Relations Department underlined that "private property rights are fundamental."

However, this decision contrasts with a 2025 ruling by the British Columbia Supreme Court in the Cowichan Tribes case, which recognized Aboriginal title over lands including privately owned parcels, suggesting that Aboriginal title and private ownership can legally coexist.

With the Supreme Court’s refusal to hear the appeal, the legal question of whether Aboriginal title can apply to private land remains unsettled in Canada. This unresolved issue affects First Nations’ land rights litigation strategies and influences the broader reconciliation process involving Indigenous and non-Indigenous property interests.

Yes, but: While the Supreme Court refused to hear the appeal, differing rulings in provinces like British Columbia demonstrate ongoing judicial debate over Aboriginal title and private land ownership coexistence.

What's next: The unresolved legal question may prompt future appeals or legislation clarifying Aboriginal title's reach over private lands in Canada.