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March 3, 2026
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March 3, 2026
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NUCHATLAHT FIRST NATION WINS HISTORIC ABORIGINAL TITLE APPEAL APRIL 2026
WE ARE STILL HERE - NUCHATLAHT FIRST NATION WINS HISTORIC ABORIGINAL TITLE APPEAL
Nuchatlaht First Nation win a precedent setting case in the B.C. Court of Appeal for Aboriginal title to over 200 kilometers of Crown land on Northwest Nootka Island.
April 02, 2026
NUCHATLAHT First Nation celebrates a historic legal victory, after the B.C. Court of Appeal declares that the Nuchatlaht holds aboriginal title to over 200 square kilometers of Crown land in their traditional territory on Nootka Island.
In a unanimous decision, the B.C. Court of Appeal set aside the trial decision and held that Nuchatlaht hold Aboriginal title over most of Northwest Nootka Island. Nuchatlaht's claim area, off western Vancouver Island, only included Crown land, and no privately held land was involved.
Today's ruling follows the Nuchatlaht trial decision in May 2023, where Nuchatlaht was found to hold Aboriginal title to 12 square kilometers out of 200 square kilometers claimed. The trial was the first ever time that a B.C. Supreme Court found Aboriginal title, and the second ever court recognition of Aboriginal title, after the Tsilhqot'in First Nation's victory in 2014.
Tyee Ha'wilh (Chief) Jordan Michael said upon hearing the news, "We are celebrating this victory and looking ahead to our future. This recognition gives us a foundation to help our members, steward our territory, and drive our own successes. We are celebrating, but we know we have a lot of work to do."
The victory follows an appeal hearing held in November of 2025, and a trial which lasted over 50 days between 2022 and 2023 featuring experts in anthropology, history, and archaeology.
Nootka Island features prominently in the history of B.C. It was the location of the Nootka Crisis, a near war between the Spanish and British partially resolved by George Vancouver. Nootka Island is also the location of Captain Cook's first landing in Canada, where in 1778 he said:
"Here I must observe that I have no were met with [peoples] who had such high notions of every thing the Country produced being their exclusive property as these; the very wood and water we took on board they at first wanted us to pay for..."
This decision marks the high point of a process started when the Nuchatlaht, then led by Tyee Ha wilh Walter Michael, first brought the claim in 2017. "Successive governments have failed to give Nuchatlaht serious lisaak (respect) for our territory," said Walter Michael. "These governments need to hear from the court system to allow us to restore and protect our ancestral lands for the benefit of everyone."
"This historic decision recognizes what we have always known - that Aboriginal title is territorial. It marks a path for a new way of doing things in this Province." said Jack Woodward KC, lawyer for Nuchatlaht. "Throughout this litigation Nuchatlaht have shown great leadership. They are blazing a trail for others to follow."
Several other First Nations were involved as interveners in the Nuchatlaht appeal, including Dzawada'enuxw First Nation, Tseshaht First Nation, shishal First Nation, Mowachaht-Muchalaht First Nation, Cowichan Nation and Ehattesaht First Nation. The appeal was the first Aboriginal title decision since British Columbia adopted the United Nations Declaration on the Rights of Indigenous People in 2019, and the first since the Cowichan decision in 2025.
Future Plans
With the reclamation of 200 square kilometers of their territory, Nuchatlaht look forward to bringing a new approach to stewardship. The Nuchatlaht want to rehabilitate their forests to strengthen wild salmon in their territory. "We are ocean people," said Councillor Archie Little. "A priority is restoring wild salmon habitat in our waters."
Housing is another priority for Nuchatlaht, and they are developing plans to improve access to housing for members on and off reserve. "It'll be a great thing for our small community being able to provide for our community members," said Melissa Jack, Nuchatlaht Councilor. "We were forced to move from Nootka Island in the 1980s, and one day we would like to be able to live there again."
"This is a real chance at becoming self-sustaining. For too long we've been isolated on this tiny little reserve watching all our resources getting stripped away, while not taking any real part in the economic development of our nation" said Councillor Erick Michael. "I think this is a huge win for self-determination. We will finally be able to take care of our people and take care of our lands like we want to. It will be really big for generations to come."
Contact:
Nuchatlaht: 403-710-4479; [email protected]
EJ Woodward Law: 778-348-2356
NUCHATLAHT First Nation celebrates a historic legal victory, after the B.C. Court of Appeal declares that the Nuchatlaht holds aboriginal title to over 200 square kilometers of Crown land in their traditional territory on Nootka Island.
In a unanimous decision, the B.C. Court of Appeal set aside the trial decision and held that Nuchatlaht hold Aboriginal title over most of Northwest Nootka Island. Nuchatlaht's claim area, off western Vancouver Island, only included Crown land, and no privately held land was involved.
Today's ruling follows the Nuchatlaht trial decision in May 2023, where Nuchatlaht was found to hold Aboriginal title to 12 square kilometers out of 200 square kilometers claimed. The trial was the first ever time that a B.C. Supreme Court found Aboriginal title, and the second ever court recognition of Aboriginal title, after the Tsilhqot'in First Nation's victory in 2014.
Tyee Ha'wilh (Chief) Jordan Michael said upon hearing the news, "We are celebrating this victory and looking ahead to our future. This recognition gives us a foundation to help our members, steward our territory, and drive our own successes. We are celebrating, but we know we have a lot of work to do."
The victory follows an appeal hearing held in November of 2025, and a trial which lasted over 50 days between 2022 and 2023 featuring experts in anthropology, history, and archaeology.
Nootka Island features prominently in the history of B.C. It was the location of the Nootka Crisis, a near war between the Spanish and British partially resolved by George Vancouver. Nootka Island is also the location of Captain Cook's first landing in Canada, where in 1778 he said:
"Here I must observe that I have no were met with [peoples] who had such high notions of every thing the Country produced being their exclusive property as these; the very wood and water we took on board they at first wanted us to pay for..."
This decision marks the high point of a process started when the Nuchatlaht, then led by Tyee Ha wilh Walter Michael, first brought the claim in 2017. "Successive governments have failed to give Nuchatlaht serious lisaak (respect) for our territory," said Walter Michael. "These governments need to hear from the court system to allow us to restore and protect our ancestral lands for the benefit of everyone."
"This historic decision recognizes what we have always known - that Aboriginal title is territorial. It marks a path for a new way of doing things in this Province." said Jack Woodward KC, lawyer for Nuchatlaht. "Throughout this litigation Nuchatlaht have shown great leadership. They are blazing a trail for others to follow."
Several other First Nations were involved as interveners in the Nuchatlaht appeal, including Dzawada'enuxw First Nation, Tseshaht First Nation, shishal First Nation, Mowachaht-Muchalaht First Nation, Cowichan Nation and Ehattesaht First Nation. The appeal was the first Aboriginal title decision since British Columbia adopted the United Nations Declaration on the Rights of Indigenous People in 2019, and the first since the Cowichan decision in 2025.
Future Plans
With the reclamation of 200 square kilometers of their territory, Nuchatlaht look forward to bringing a new approach to stewardship. The Nuchatlaht want to rehabilitate their forests to strengthen wild salmon in their territory. "We are ocean people," said Councillor Archie Little. "A priority is restoring wild salmon habitat in our waters."
Housing is another priority for Nuchatlaht, and they are developing plans to improve access to housing for members on and off reserve. "It'll be a great thing for our small community being able to provide for our community members," said Melissa Jack, Nuchatlaht Councilor. "We were forced to move from Nootka Island in the 1980s, and one day we would like to be able to live there again."
"This is a real chance at becoming self-sustaining. For too long we've been isolated on this tiny little reserve watching all our resources getting stripped away, while not taking any real part in the economic development of our nation" said Councillor Erick Michael. "I think this is a huge win for self-determination. We will finally be able to take care of our people and take care of our lands like we want to. It will be really big for generations to come."
Contact:
Nuchatlaht: 403-710-4479; [email protected]
EJ Woodward Law: 778-348-2356
NUCHATLAHT PRESS RELEASE OCTOBER 2025 COURT CASE APPEAL
NUCHATLAHT APPEAL OF PRECEDENT SETTING ABORIGINAL TITLE DECISION TO BEGIN OCTOBER 20th
October 15, 2025
In 2017 Nuchatlaht brought a claim for Aboriginal title over approximately 200 square kilometers of their traditional territory on Northern Nootka Island. Nuchatlaht’s claim was within all known maps of Nuchatlaht territory, excluded any claimed territory by other First Nations, and excluded any privately owned lands.
On April 17, 2024, following a 55-day trial, Nuchatlaht were awarded Aboriginal title to approximately 12 square kilometers. This October 20th to 23rd Nuchatlaht will be in Vancouver at the B.C. Court of Appeal to argue that they should be awarded the remaining lands claimed.
The Nuchatlaht declaration pales in comparison to recent acknowledgements of Aboriginal title. The 2024 Haida Aboriginal title agreement between the Haida Nation and B.C. Government acknowledged Haida Aboriginal title over 10,000 square kilometers, and the 2014 Tsilhqot’in decision saw a declaration of Aboriginal title over 1,900 square kilometers.
“We’re fighting for our lands to do better. We’ve watched the Province mismanage our forests, our rivers. This mismanagement hurts our salmon, it hurts our villages, it hurts our people.” said Nuchatlaht Councilor and Elder Archie Little.
Nuchatlaht had the shortest Aboriginal title trial since the Calder decision of the 1960s and stands in contrast to the Cowichan Nation and Tsilhqot’in trials, which at over 500 and 300 days long were the most expensive trials in Canadian history. “This appeal is an opportunity for the court to move reconciliation forward, with a declaration of title to territory.” Said lawyer Jack Woodward “this shouldn’t take record setting trials.”
During the trial, the court was presented with a wide range of evidence, including two of the largest archaeology sites in Vancouver Island, unilingual elder recordings and Captain Cook’s own observations of the inhabitant of Nootka Island; “I must observe that I have no were met with [peoples] who had such high notions of every thing the Country produced being their exclusive property as these”.
The trial judge declined to find Aboriginal title to large areas claimed by Nuchatlaht, despite the existence of thousands of Indigenous archaeological artefacts. “I’ve hiked through our forests. There’s signs of our people everywhere. Everywhere you look you find CMTs.” said Tyee Ha'wilth (Chief) Jordan Michael. “This past summer we found carvings on our title lands.”
A rally in support of Nuchatlaht is expected at the courthouse steps the morning of October 20. Nuchatlaht are joined in the appeal by interveners Dzawada’enuxw First Nation, Tseshaht First Nation, shishalh First Nation, Mowachaht-Muchatlaht First Nation, Cowichan Nation and Ehattesaht First Nation.
Nuchatlaht are a Nuu-chah-nulth First Nation, from the west coast of Vancouver Island. Nuchatlaht have always lived on Nootka Island. They were there when Captain Cook sailed past in 1778, and nearly 100 years later, when Captain Richards steamed by in 1862. In 1988, they were forced to relocate to the mainland of Vancouver Island.
In the 1800s, the Canadian government signed treaties to extinguish Aboriginal title to all the land between Fort St. John and Toronto. The B.C. government had no money for treaties, and so Aboriginal title in most of B.C. was never extinguished. That continues for most of B.C. today. Nuchatlaht, Tsilhqot’in and Cowichan Nation are the first three B.C. First Nations to have court recognized Aboriginal title.
A Victory Worth Celebrating
Since the trial decision and with their partial declaration of Aboriginal title, Nuchatlaht have not been idle.
In July, Nuchatlaht hosted an international Indigenous gathering of Maori and Hawaiian representatives. The largest event on their lands since the trial victory, over 60 people gathered in a pan-Pacific Indigenous knowledge and kinship exchange and celebration.
Nuchatlaht have been busy surveying the damage done to the lands under the Province’s management. Most of Nuchatlaht’s traditional territory has been previously logged. They have built trails and an access road allowing them to visit their historic village. This past year saw the first Nuchatlaht houses on Nootka Island in 40 years.
Contact:
EJ Woodward Law: 778-348-2356
Nuchatlaht: 250-332-5908
In 2017 Nuchatlaht brought a claim for Aboriginal title over approximately 200 square kilometers of their traditional territory on Northern Nootka Island. Nuchatlaht’s claim was within all known maps of Nuchatlaht territory, excluded any claimed territory by other First Nations, and excluded any privately owned lands.
On April 17, 2024, following a 55-day trial, Nuchatlaht were awarded Aboriginal title to approximately 12 square kilometers. This October 20th to 23rd Nuchatlaht will be in Vancouver at the B.C. Court of Appeal to argue that they should be awarded the remaining lands claimed.
The Nuchatlaht declaration pales in comparison to recent acknowledgements of Aboriginal title. The 2024 Haida Aboriginal title agreement between the Haida Nation and B.C. Government acknowledged Haida Aboriginal title over 10,000 square kilometers, and the 2014 Tsilhqot’in decision saw a declaration of Aboriginal title over 1,900 square kilometers.
“We’re fighting for our lands to do better. We’ve watched the Province mismanage our forests, our rivers. This mismanagement hurts our salmon, it hurts our villages, it hurts our people.” said Nuchatlaht Councilor and Elder Archie Little.
Nuchatlaht had the shortest Aboriginal title trial since the Calder decision of the 1960s and stands in contrast to the Cowichan Nation and Tsilhqot’in trials, which at over 500 and 300 days long were the most expensive trials in Canadian history. “This appeal is an opportunity for the court to move reconciliation forward, with a declaration of title to territory.” Said lawyer Jack Woodward “this shouldn’t take record setting trials.”
During the trial, the court was presented with a wide range of evidence, including two of the largest archaeology sites in Vancouver Island, unilingual elder recordings and Captain Cook’s own observations of the inhabitant of Nootka Island; “I must observe that I have no were met with [peoples] who had such high notions of every thing the Country produced being their exclusive property as these”.
The trial judge declined to find Aboriginal title to large areas claimed by Nuchatlaht, despite the existence of thousands of Indigenous archaeological artefacts. “I’ve hiked through our forests. There’s signs of our people everywhere. Everywhere you look you find CMTs.” said Tyee Ha'wilth (Chief) Jordan Michael. “This past summer we found carvings on our title lands.”
A rally in support of Nuchatlaht is expected at the courthouse steps the morning of October 20. Nuchatlaht are joined in the appeal by interveners Dzawada’enuxw First Nation, Tseshaht First Nation, shishalh First Nation, Mowachaht-Muchatlaht First Nation, Cowichan Nation and Ehattesaht First Nation.
Nuchatlaht are a Nuu-chah-nulth First Nation, from the west coast of Vancouver Island. Nuchatlaht have always lived on Nootka Island. They were there when Captain Cook sailed past in 1778, and nearly 100 years later, when Captain Richards steamed by in 1862. In 1988, they were forced to relocate to the mainland of Vancouver Island.
In the 1800s, the Canadian government signed treaties to extinguish Aboriginal title to all the land between Fort St. John and Toronto. The B.C. government had no money for treaties, and so Aboriginal title in most of B.C. was never extinguished. That continues for most of B.C. today. Nuchatlaht, Tsilhqot’in and Cowichan Nation are the first three B.C. First Nations to have court recognized Aboriginal title.
A Victory Worth Celebrating
Since the trial decision and with their partial declaration of Aboriginal title, Nuchatlaht have not been idle.
In July, Nuchatlaht hosted an international Indigenous gathering of Maori and Hawaiian representatives. The largest event on their lands since the trial victory, over 60 people gathered in a pan-Pacific Indigenous knowledge and kinship exchange and celebration.
Nuchatlaht have been busy surveying the damage done to the lands under the Province’s management. Most of Nuchatlaht’s traditional territory has been previously logged. They have built trails and an access road allowing them to visit their historic village. This past year saw the first Nuchatlaht houses on Nootka Island in 40 years.
Contact:
EJ Woodward Law: 778-348-2356
Nuchatlaht: 250-332-5908
