Case information
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42379
His Majesty the King in Right of the Province of British Columbia v. The Nuchatlaht
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-10-15 |
Correspondence (sent by the Court) to, all parties; by THE REGISTRAR: Further to the judgment of October 15, 2026, granting leave to appeal in the above referenced matter, the schedule for serving and filing the material is set as follows: a) The appellant shall serve and file their notice of appeal on or before November 16, 2026. b) The appellant shall serve and file their factum, record and book of authorities, if any, on or before January 18, 2027. c) The respondent shall serve and file their factum, record and book of authorities, if any, on or before March 8, 2027. d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 15, 2027. e) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before February 25, 2027. f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 4, 2027. g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before April 16, 2027. h) The hearing date will be confirmed following a determination by the Court of its hearing schedule. |
|
| 2026-10-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-10-15 | Judgment on leave sent to the parties | |
| 2026-10-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA50093, 2026 BCCA 137, dated April 2, 2026, is granted with costs in the cause. The schedule for serving and filing the appeal documents will be set by the Registrar. Granted, with costs in the cause |
|
| 2026-09-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-08-04 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-08-05, (Printed version filed on 2026-08-05) | His Majesty the King in Right of the Province of British Columbia |
| 2026-06-24 | Notice of name, (Letter Form), (Printed version filed on 2026-06-26) | The Nuchatlaht |
| 2026-06-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-06-26) | The Nuchatlaht |
| 2026-06-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-06-26, (Printed version filed on 2026-06-26) | The Nuchatlaht |
| 2026-06-15 | Lower court order - e-filing, (Letter Form), CA50093, (Printed version due on 2026-06-22) | His Majesty the King in Right of the Province of British Columbia |
| 2026-06-02 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2026-06-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-06-08) | His Majesty the King in Right of the Province of British Columbia |
| 2026-06-01 |
Application for leave to appeal, (Book Form), Missing: - Signed CA Orders (Rec 6-15-2026) - Proof of service (Rec 6-3-2026), Completed on: 2026-06-15, (Printed version filed on 2026-06-08) |
His Majesty the King in Right of the Province of British Columbia |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of the Province of British Columbia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Nuchatlaht | Respondent | Active |
Counsel
Party: His Majesty the King in Right of the Province of British Columbia
Counsel
1405 Douglas Street
Victoria, British Columbia
V8W 2G2
Telephone: (250) 356-5365
FAX: (250) 387-0343
Email: jeff.echols@gov.bc.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: The Nuchatlaht
Counsel
102-901 Island Highway
Campbell River, British Columbia
V9W 2C2
Telephone: (778) 348-2356
Email: jack@jackwoodward.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Aboriginal law — Aboriginal title — Sufficient occupation — What is the regular use of land for the purposes of establishing sufficient occupation in the test for Aboriginal title? — How should courts define the claim area where occupation throughout the area was variable? — How should the marine-orientation of coastal First Nations influence the occupation analysis? — How, if at all, and to what extent, does the requirement that courts appreciate the evidentiary difficulties in Aboriginal title and rights litigation inform how courts should treat the absence of certain evidence?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Nuchatlaht, a Nuu-chah-nulth First Nation, claimed Aboriginal title to approximately 201 square kilometers of Nootka Island. After finding that the Nuchatlaht had not established Aboriginal title to the entire claim area, the trial judge, in supplementary reasons, found that they had established Aboriginal title over certain coastal areas of Nootka Island. The Court of Appeal for British Columbia allowed the Nuchatlaht’s appeal and declared that they hold Aboriginal title to the entire claim area.
Lower court rulings
Claim for Aboriginal title to entire claim area dismissed.
Aboriginal title declared over certain areas.
Appeal allowed. Aboriginal title declared over entire claim area.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available