Aboriginal Title and Private Property

By Andrew Willett and Andrew de Vries
Canadian Forest Owners
July 27, 2026
Category: Forestry
Region: Canada

Canada has long been recognized as a global leader in advancing reconciliation with Indigenous Peoples, particularly since Aboriginal rights and title were constitutionally entrenched in 1982. While significant progress has been made, reconciliation remains an ongoing process, with courts continuing to shape how these rights are defined, respected, and implemented. A pivotal moment came with the Tsilhqot’in Nation v British Columbia decision, in which the Supreme Court of Canada granted Aboriginal title to a large area of land in British Columbia. This ruling established key legal tests for proving Aboriginal title and outlined how governments may justify infringements. Importantly, the decision affirmed that such lands are no longer Crown lands and are subject to Indigenous rights of “exclusive use and occupation.” More recently, courts in British Columbia, Ontario, and New Brunswick have begun addressing how Aboriginal title may intersect with privately owned land. These cases introduce a complex legal tension: both Aboriginal title and fee simple ownership confer rights of exclusive use and occupation. The question of how these rights can coexist on the same parcel of land remains unresolved and is now central to ongoing legal debates.

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