The Supreme Court of Canada is being asked to consider a clash between Aboriginal title and private land in a New Brunswick case that would have significant national implications. Last December, the New Brunswick Court of Appeal ruled that the Wolastoqey Nation could not seek a declaration of Aboriginal title over private property as part of its claim against the province. The decision was a sharp contrast to a lower-court ruling in BC last summer. After a trial that stretched five years, the BC Supreme Court declared that the Cowichan Tribes had Aboriginal title to about 800 acres in the Vancouver suburbs. In the Wolastoqey case, Justice Ernest Drapeau wrote that he was “unable to see” how Aboriginal title could co-exist with private land. He stated that a declaration of Aboriginal title over such land “would sound the death knell of reconciliation.” …The Wolastoqey are Tcalling on the top court to enter the fray to settle the legal uncertainty. [to access the full story a subscription is required]