Commentary
In November 2024, a court released seven companies from an aboriginal land claim in New Brunswick. Wolastoqey Nation had filed a legal action seeking a declaration of aboriginal title over more than half the province. The seven companies, named as defendants, own most of the land subject to the claim. A judge of the New Brunswick King’s Bench said the Wolastoqey could not sue them directly and struck the action against them. That may sound like a victory for the security of private property rights. It is the reverse.
If you own a house, you probably own the “fee simple” in the land. Fee simple is the highest form of private ownership in Canadian property law. No one has a better title to the land than you. That may sound like no one can take your land away. It isn’t so….