Aboriginal title has become a constitutional threat in Canada – Fraser Institute

February 05, 2025

In November, a court released seven companies from an Aboriginal land claim in New Brunswick. Wolastoqey First Nations had filed a legal action seeking a declaration of Aboriginal title over more than half the province. The seven companies, named as defendants, own most of the land subject to the claim. A judge of the New Brunswick King’s Bench said the Wolastoqey could not sue them directly and struck the action against them. That may sound like a victory for the security of private property rights. It is the reverse.

If you own a house, you probably own the “fee simple” in the land. Fee simple is the highest form of private ownership in Canadian property law. No one has a better title to the land than you. That may sound like no one can take your land away. It isn’t so.

Read More: https://www.fraserinstitute.org/commentary/aboriginal-title-has-become-constitutional-threat-canada