Court Recognizes Aboriginal Title Over 210 km of Nootka Island

Photo Credit: Daniel Pierce via Business in Vancouver.

On Apr. 2, the BC Court of Appeal granted full Aboriginal title over a 210-square-kilometre part of Nootka Island to the Nuchatlaht peoples. The Nuchahlaht are a First Nation group of around 170 members that primarily live on the north side of Vancouver Island. 

The Nuchatlaht Nation said in a statement, as per the Vancouver Sun, that the claim only included Crown land, excluding land that was privately owned. Once used to hunt otters for their fur, the island is now used for logging, fishing, and hiking. 

Nootka Island has a vast history and is of great importance to the nation. It is known as the birthplace of BC, with James Cook, the first European settler to set foot in the province, landing there. 

In 2024, the Nuchatlaht was granted 5 per cent of the territory, or 11 square kilometres. This was said to be based on the findings of an anthropologist about the use of areas by the Nuchalacht Nation before and after 1846, according to The Globe and Mail. The lower court had restricted the Indigenous title to land that was heavily used, such as camps or worksites, rather than acknowledging the fact that the people lived on more of the land than just the area surrounding their homes. 

The recent decision of the court has made the Nuchatlaht overjoyed, according to Ha-Shilth-Sa, a Nuu-chah-nulth newspaper. “[It is] very satisfying to see a Ha’wilth’s [chief’s] territory recognized after so many years of struggling for this recognition,” said Nuu-chah-nulth Tribal Council President Judith Sayers.

After eight and a half years of legal battles, the Nuchatlaht are now able to begin restoration and development of the island. According to the Wilderness Committee, the Nuchatlaht have started development plans on areas to attract more tourism because of Nootka Island’s hiking trails and fishing sites. Their plans also include asserting control over the forestry on 40 per cent of the island, creating “Salmon Parks” — areas that protect salmon habitats — improving the economy, and other environmental rehabilitation projects.

While this is happening, the Nuchatlaht are planning to enhance the island's natural beauty and create an extraordinary environment for tourists. They are also hosting celebratory dinners and hosting traditional ceremonies. 

“We need healthy forests and healthy fish and healthy people,” He Saw Ma Nulth, House Speaker for the Nuchatlaht, told the Wilderness Committee.