Today the Supreme Court of Canada dismissed the Wolastoqey Nation’s application for leave to appeal. The Wolastoqey Nation sought leave to appeal a pre-trial decision of the New Brunswick Court of Appeal.
It was our privilege to represent the Quw’utsun Nation, who sought leave to intervene on the Wolastoqey Nation’s leave to appeal application. The Quw’utsun Nation argued that the Supreme Court of Canada should not decide the very important question of “Can Aboriginal title exist over privately held lands?” on an appeal of a pre-trial decision, as in the Wolastoqey Nation case.
“This is good news for the Quw’utsun Nation”, said counsel David M. Robbins. “The Wolastoqey Nation was asking the Supreme Court of Canada for permission to appeal on the question of ‘Can Aboriginal title exist over privately held lands?’ The Quw’utsun Nation opposed that as it would be more appropriate for the court to wait and address that question in any appeal relating to the Quw’utsun trial decision regarding their homeland at Tl’uqtinus in British Columbia. Today the court denied the Wolastoqey Nation permission and thus did not need to hear further from the Quw’utsun Nation. This is good news because the Supreme Court of Canada has not decided the issue nor upheld the New Brunswick Court of Appeal. It has left the question open for a future case.”
The Court’s decision is available here.
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