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First Nation did not prove Aboriginal title for entire claim area: B.C. Supreme Court
VANCOUVER — A British Columbia Supreme Court judge ruling on a First Nations land title lawsuit says it 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.
Justice Elliott Myers said in his decision issued Thursday that there “may be areas” the nation can establish in its claim, but if it wants to do that another hearing would be required.
“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.”