The Supreme Court of Canada ruled that Aboriginal title can’t be declared over private land

Philippine Canadian Inquirer
May 29, 2026

(Photo courtesy: Supreme Court of Canada)

CANADA – The Supreme Court of Canada turned down an appeal out of New Brunswick made by the Wolastoqey Nation on May 28, 2026. While the reasoning behind the decision wasn’t released, as was standard, it still upheld a new ruling where it was reiterated that the Aboriginal title cannot be declared over private property.

This further confirmed that the decision made in December 2025 in the New Brunswick Court of Appeal was its definitive conclusion on the issue. During that hearing, it was decided that one could not seek an Aboriginal title over private property. Thus, it can be assumed that while First Nations can continue to seek compensation over the loss of their traditional lands, private property rights still took precedence.

The Crown-Indigenous Relations Department also stated that the New Brunswick case would definitely inform other similar cases, as they asserted that “private property rights are fundamental.”

This ruling was predicted to affect the Cowichan Tribes case in British Columbia and other similar indigenous title claims, sparking debate in citizens since last year’s controversial and groundbreaking court ruling over privately owned land in Richmond BC. Since then, landowners and private property owners shared that they were anxious and concerned about the future of their property rights after their Supreme Court granted title to the Cowichan tribes based on claims of the Aboriginal title as it brought up the question of whether or not their land claims could override private property rights.