First Nation did not prove Aboriginal title for entire claim area: B.C. Supreme Court

Members of the Nuchatlaht First Nation and supporters rally outside B.C. Supreme Court before the start of an Indigenous land title case, in Vancouver, on Monday, March 21, 2022. A British Columbia Supreme Court judge says the First Nation did not prove it had rights to its entire claim area, although he suggested it may be time for the provincial government to rethink its current test for such titles.

The Nuchatlaht First Nation, a community on Vancouver Island’s northwest coast, wanted title over an area of Crown land that included a portion of Nootka Island and much of the surrounding coastline. “I stress that I am not prejudging any of the issues or whether a pleading amendment would be necessary,” he said in the decision. “I am merely leaving it open to the plaintiff to come back before me to canvass these issues should it wish to do so.”The court heard the Nuchatlaht moved to a village on Nootka Island in the 1780s and they say they occupied the area in 1846, when the Crown resolved boundary disputes with the United States and claimed sovereignty over what is now British Columbia.

The B.C. government denied the Nuchatlaht hold Aboriginal title over the 230-square-kilometre area, and said it has met its obligations under agreements with the nation related to forest resources.

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