The Supreme Court of Canada’s May 28 decision to dismiss an appeal application from a New Brunswick First Nation seeking Aboriginal title over vast swaths of private property could have implications for the Cowichan Tribes case following this week’s proceedings in B.C. Supreme Court, according to B.C. Attorney General Niki Sharma, among others.
“The findings in the initial New Brunswick (appeal) decision were similar to the Province’s arguments in the Cowichan case. The Supreme Court of Canada’s decision to not hear the appeal and therefore leave the law in place signals a pathway for B.C. to appeal before the highest court in Canada, if needed,” Sharma told Business in Vancouver
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