The Supreme Court of Canada will hear a case about a First Nation’s claim to title over a swath of Nootka Island. The Nuchatlaht First Nation brought a claim for Aboriginal title to about 200 square kilometres of the island, which lies off the west coast of Vancouver Island. The trial judge found the Nuchatlaht had established title over only portions of the claimed area. The First Nation challenged the decision in the British Columbia Court of Appeal. In April, the Court of Appeal found the trial judge used an “arbitrary boundary” to determine title. A three-judge panel of the Appeal Court said the Nuchatlaht identified territory it exclusively occupied and used for hunting, fishing and gathering activities, and presented other evidence that established its “strong presence on or over…
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