The Nuchatlaht claimed Aboriginal title to 201 sq km of Nootka Island.
The initial claim was dismissed, but the possibility was left for smaller, specific areas to be established.
Key Findings:
The court found insufficient evidence of occupation for the entire claim area, particularly the interior.
Specific areas with sufficient historical occupation were identified but were often already reserves or fee simple lands.
The Nuchatlaht were allowed to argue for title to smaller areas based on existing evidence, excluding new evidence or a new trial.
Arguments:
Nuchatlaht: Proposed boundaries based on watersheds, aligned with cultural perspectives; referenced historical maps; opposed terra nullius.
Province: Suggested title near reserves and settlements, proposing a boundary at the 100-meter elevation contour.
Court's Analysis:
Rejected broad watershed-based claims due to insufficient evidence of overall occupation.
Dismissed Labrador Boundaries decision and terra nullius doctrine for the claim.
Emphasized adherence to guidelines from Tsilhqot’in for nuanced historical occupation analysis.
Conclusion:
Agreed with Province’s proposed boundaries with modifications, including additional specific sites near reserves.
Further refinement of boundaries and declaration terms through party submissions or additional hearings is pending.
The successful party was not clearly defined, as the court allowed partial success to the Nuchatlaht for smaller areas but dismissed the broader claim.
No specific monetary award, costs, or damages were mentioned in the judgment provided.