Nuchatlaht granted partial land title on Nootka Island

The Nuchatlaht First Nation won a partial victory in B.C. Supreme Court last week in a long-standing dispute with the provincial government over its land claims over Nootka Island.

The victory means the nation now has Aboriginal title over 11.33 square kilometres of land located off the west coast of Vancouver Island, which represents around five per cent of the land claimed by the nation.

It is only the second time B.C. courts have granted a First Nation Aboriginal title, meaning the Nuchatlaht will have full economic benefit of the land.

The last time a court awarded Aboriginal title was in 2014, when the Tsilhqot'in First Nation was granted 1,700 square kilometres of land in central B.C.

Despite the Nuchatlaht's partial victory, a lawyer for the nation says they plan to appeal to a higher court to press their claims over the full 201 square kilometres of land on Nootka Island and some surrounding islands.

"To get through the door, to actually get a declaration of Aboriginal title, there were multiple difficulties that have to be overcome," said lawyer Jack Woodward.

"And ... having, sort of, beaten our way through all of those hurdles — to get to the point about how much [land is awarded] is a major victory."

Woodward says Aboriginal title means the nation will have beneficial ownership of the land, which means the Crown and the province will have very limited authority over what goes on there.

The decision now places a greater burden on governments to justify economic development on First Nations land, but provincial law would still apply to the land, subject to constitutional limits.

"We would be going to the British Columbia Court of Appeal on certain points of principle," Woodward said. "If they're resolved in our favour, they would result in a larger [land] declaration."

Woodward says the First Nation is now in the process of drawing up a formal order to authorize the Aboriginal title that it was awarded.

A spokesperson for the provincial attorney general said the government is reviewing the decision and considering its implications.

"Throughout the litigation the province has remained open to a dialogue outside the courts, but respects the Nuchatlaht's choice to pursue their interests through litigation as they see fit," the spokesperson wrote in a statement.

"As this is a matter remains before the courts, we are unable to comment further at this time."