On Thursday, the Canadian Press disseminated a story claiming that the Supreme Court of Canada had ruled Aboriginal title cannot apply to private property. This report was inaccurate, yet the wire service has not issued a correction or retraction.
What Actually Happened
The Supreme Court declined to hear an appeal from New Brunswick's highest court regarding whether the Wolastoqey Nation can claim Aboriginal title on private land. The lower court had established a two-pronged system: Aboriginal title can exist on private property, with the Crown liable, but cannot be declared to transfer ownership to Indigenous peoples. This ruling applies only in New Brunswick until further appeal.
Misreporting by Canadian Press
The Canadian Press headline stated, "Aboriginal title can’t apply to private land, High Court rules." This was doubly wrong: the Supreme Court did not issue a ruling, and the lower court decision actually allowed Aboriginal title claims on private property. The article also claimed the Court "upheld" a ruling and suggested the decision would impact a British Columbia case, both of which are false.
Key errors include:
- The Supreme Court did not hear the case, so it did not uphold or rule on anything.
- The New Brunswick Court of Appeal explicitly stated Aboriginal title can be found on private land.
- The federal government's assertion that the decision affects the Cowichan Tribes case was repeated without scrutiny.
The story was widely republished by outlets such as CTV, Global News, CityNews, and APTN, spreading the misinformation further.
