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Supreme Court of Canada to Hear Appeal of First Nation’s Nootka Island Claim
The First Nation says it has strong evidence of exclusive use across the claimed territory after a trial judge recognized title for only part of it.
The Supreme Court of Canada agreed on Thursday to hear the Nuchatlaht First Nation's land title claim regarding Nootka Island, off the west coast of Vancouver Island.
Nuchatlaht brought a claim for Aboriginal title to about 200 square kilometres of the island, seeking to reclaim territory the group historically occupied for hunting, fishing, and gathering activities.
In April, the Appeal Court found the trial judge used an "arbitrary boundary" to determine land title, overturning the original decision that granted Nuchatlaht title over only limited portions of the territory.
A three-judge panel of the Appeal Court found Nuchatlaht identified territory it exclusively occupied and used, citing evidence establishing a "strong presence on or over the land claimed" by the group.
The case now moves to Canada's top court, which will determine whether the Appeal Court's 201-square-kilometre award stands or the province's challenge to reduce it to about 11 square kilometres succeeds.