Bruce Pardy: In Canada, Aboriginal Title Has Become a Constitutional Threat

The Supreme Court of Canada in Ottawa, in a file photo. The Canadian Press/Sean Kilpatrick

Commentary

In November 2024, a court released seven companies from an aboriginal land claim in New Brunswick. Wolastoqey Nation had filed a legal action seeking a declaration of aboriginal title over more than half the province. The seven companies, named as defendants, own most of the land subject to the claim. A judge of the New Brunswick King’s Bench said the Wolastoqey could not sue them directly and struck the action against them. That may sound like a victory for the security of private property rights. It is the reverse.