The Brunswickian judges had answered that question with “Kind of”: Aboriginal title can be found to exist on private property, for which the Crown will be liable (not the private owners); Aboriginal title can’t, however, be declared on private property, which would involve handing over ownership rights to the Indigenous people. This two-pronged system isn’t found elsewhere, including notably B.C., but this is how it will work in New Brunswick until the province’s appeal court, or the Supreme Court, decides otherwise.






