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The New Brunswick Court of Appeal ruled that an Indigenous group cannot claim Aboriginal title over private property, stating that such a declaration would undermine private property rights and reconciliation efforts in Canada.
This decision contrasts with a recent ruling in British Columbia that recognized Aboriginal title on privately owned lands.
New Brunswick Court Ruling on Indigenous Land Claims
Overview of the Ruling
The New Brunswick Court of Appeal has ruled that the Wolastoqey Nation cannot seek a declaration of Aboriginal title over privately owned land.
This decision emphasizes the protection of private property rights and suggests that such claims could hinder reconciliation efforts between Indigenous groups and non-Indigenous Canadians.
Key Points of the Decision
Private Land Exemption:
The court determined that Aboriginal title cannot coexist with private property rights. This means that the Wolastoqey Nation can only pursue claims for Aboriginal title on Crown land, not on privately...