05/29/2026
On May 28, 2026, the Supreme Court of Canada (the “Court”) in Wolastoqey Nation at Welamukotuk (Oromocto First Nation), et al. v. J.D. Irving Limited, et al. dismissed:
1) the motion filed by Quw’utsun (Cowichan) Nation for leave to intervene; and
2) the application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Numbers 113-24-CA, 114-24-CA & 115-24-CA, 2025 NBCA 129, dated December 11, 2025.
The Court provided no reasons. Despite certain reports by the media, the Court did not decide whether Aboriginal title can be declared over private lands across Canada. For that decision we may need to wait until the Cowichan case, or a similar case, is heard and decided by the Court. Until then private lands in British Columbia may be subject to declarations of Aboriginal title, while private lands in New Brunswick, currently, are not.
Below is the link to the judgment: https://decisions.scc-csc.ca/scc-csc/scc-l-csc-a/en/item/21531/index.do .