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Jamie Sarkonak: Canadian media ate up false news that Aboriginal title was no threat

The Canadian Press reported that the Supreme Court 'upheld' a 'ruling' that Aboriginal title can't apply to private property. That was wrong

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On Thursday, the Canadian Press told readers far and wide that private property was safe from Aboriginal title thanks to that day’s decision by the Supreme Court. It wasn’t true at all, but the national wire service hasn’t even bothered to issue a correction, let alone a retraction.

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What actually happened was this: the Supreme Court declined Thursday morning to hear an appeal from New Brunswick’s highest court about whether the indigenous Wolastoqey Nation, in its quest to claim half of the province, can go after private property in addition to Crown land.

Jamie Sarkonak: Canadian media ate up false news that Aboriginal title was no threat Back to video

The Brunswickian judges had answered that question with “Kind of”: Aboriginal title can be found to exist on private property, for which the Crown will be liable (not the private owners); Aboriginal title can’t, however, be declared on private property, which would involve handing over ownership rights to the Indigenous people. This two-pronged system isn’t found elsewhere, including notably B.C., but this is how it will work in New Brunswick until the province’s appeal court, or the Supreme Court, decides otherwise.

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