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The Supreme Court of Canada has refused to hear an appeal of a lower court decision declaring that aboriginal title cannot supersede fee simple private property rights.

The New Brunswick Wolastoqey First Nation had sought a declaration of aboriginal title over more than 50% of the province. In December, an appeal court judge overturned the declaration, ruling that aboriginal title could not be compatible with private property. Now, it appears the Supreme Court stands by that decision. 

On Friday’s Rebel Roundtable livestream, Drea Humphrey and Alexa Lavoie were joined by activist “Billboard” Chris Elston to discuss the ruling and what it means for the future of property rights in Canada — which have come under threat in provinces beyond British Columbia. 

“This is a very big positive for everywhere else in the country,” said Chris. “I’ve never been too worried, because 99.9% of private owners across the country are completely aghast at the idea of losing their private property just out of the blue to some Indigenous band because they happened to have people fishing on the territory 150 years ago… So when there’s that much of the population totally against something, it truly never stands a chance of long-term victory.” 

He pointed out that, while provincial politics may complicate the process in the short term — such as the adoption of UNDRIP by the B.C. government — it appears the law will ultimately remain on the side of Canadian landowners. 

“I think ultimately with the courts, even if decisions go badly against us in the near term… the Supreme Court would agree to hear it, and they would undo it,” he said.