After ruling last year that the Nuchatlaht First Nation had failed to prove Aboriginal title to 201 square kilometres of Nootka Island, a B.C. Supreme Court judge decided April 17 that the Nation does have Aboriginal title to smaller parcels of land in their territory.
“Given the evidence, it would be artificial to restrict the area of sufficient occupation to the reserve boundaries,” Justice Myers said in a written reasons for judgement. During the hearing, the province put forward the position that it was reasonable to expect occupation of areas below the 100-metre elevation contour and confining the boundary to the 100-metre contour “reflects the distinction between the coastal and interior areas,” the judge said.
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