Questions surrounding Indigenous title, private property rights and the role of the Supreme Court of Canada are once again in the spotlight following recent developments in British Columbia and New Brunswick. While the Supreme Court recently declined to hear a further appeal in a New Brunswick Indigenous title case, a separate case in British Columbia continues to generate significant discussion because of its potential implications for private property and Aboriginal title claims.

Speaking recently with CityNews, Paul Seaman, partner and past national leader of Gowling WLG's Indigenous Law Practice Group, discussed how differing outcomes in the two cases could increase the likelihood of Canada's highest court eventually weighing in on the issue.

As Paul explained, conflicting appellate court decisions are one situation where questions of national public importance may be raised that may warrant Supreme Court review.

"If you do get a conflicting appellate decision out of the B.C. Court of Appeal with a decision that conflicts in any way with the New Brunswick decision, I think the chances are quite good that the Supreme Court [will hear an appeal of the B.C. case]."

To watch the full segment, click the link below:

About Gowling WLG's Indigenous Law Practice Group
Since the 1950s, our firm has worked along side Indigenous peoples in landmark self-government agreements, resource development projects and Supreme Court cases. Gowling WLG is one of the only full-service law firms in Canada that acts for Indigenous clients, as well as private industry, project proponents and all levels of government. Learn more about our Indigenous Law Practice Group.