The Nuchatlaht v. British Columbia
The Nuchatlaht
Law Firm / Organization
Gower Modern Law Corporation
Lawyer(s)

Kate Gower

His Majesty the King in Right of the Province of British Columbia
The Attorney General of Canada
Law Firm / Organization
Department of Justice Canada

Background:

  • 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.
Supreme Court of British Columbia
S170606
Aboriginal law