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 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. For example, he said it is difficult to prove the nation had used the land because they primarily travelled by canoe so there were no established trails between coastal locations.
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