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ARTICLE · 29 MAY 2018

Private Land Owners Can Argue "Extinguishment" In Aboriginal Title Cases

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On May 17, 2018, the British Columbia Supreme Court upheld that "extinguishment" is a viable defence to argue in cases of claims of Aboriginal title to fee simple lands

CanadaGovernment, Public Sector
Thomas Isaac
Thomas Isaac
Jared Enns
Jared Enns
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On May 17, 2018, the British Columbia Supreme Court upheld that "extinguishment" is a viable defence to argue in cases of claims of Aboriginal title to fee simple lands.

The Plaintiff, Kwikwetlem First Nation, commenced a claim for Aboriginal title on February 9, 2016, seeking, among other things, a declaration of Aboriginal title over a "claim area within the Coquitlam watershed."1  Notably, the "claim area" includes both Crown Land and lands held in fee simple title. 

Accordingly, and in response to the relief sought by the Plaintiff, the Defendants, the Government of British Columbia, and the fee simple landowners, Metro Vancouver, among others, advanced the following defences:

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