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ARTICLE · 10 DECEMBER 2025

Reconciling Aboriginal Title And Private Property Rights On Unceded Land

Osler, Hoskin & Harcourt LLP
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Recent cases in Canada, such as Cowichan and Wolastoqey, are impacting the relationship between Aboriginal title and fee simple ownership interests on unceded lands.

CanadaReal Estate and Construction
Richard King
Richard King
Lindsay Burgess
Lindsay Burgess
Ankita Gupta
Ankita Gupta
Shelby Empey
Shelby Empey
Daniel Kiesman
Daniel Kiesman
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Key takeaways

  • Recent cases in Canada, such as Cowichan and Wolastoqey, are impacting the relationship between Aboriginal title and fee simple ownership interests on unceded lands.
  • Pursuant to Cowichan, Aboriginal title may be established over lands currently held in fee simple, but does not nullify private ownership.
  • Aboriginal title is not subordinate to fee simple rights; it is a senior, prior right. Both rights may coexist, yet their exercise requires reconciliation.

Recent Canadian jurisprudence is redefining the intersection between Aboriginal title and private property rights, raising both legal and practical questions about land ownership on unceded territory in Canada. The recent Cowichan case, in particular, has attracted a great deal of media attention.

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