Court Ruling On Indigenous Title Threatens Private Property Rights – FCPP

May 20, 2025

Joseph Quesnel examines the growing conflict between Indigenous rights and private property ownership. Using the 2024 dispute between the Chippewas of Saugeen First Nation and the Town of South Bruce Peninsula as a case study, he warns that governments and Indigenous groups must collaborate before court cases escalate. Quesnel calls for universal rules on land ownership to prevent confusion and proposes constitutionalizing property rights to secure fair resolution. Click to read more on how this legal battle could reshape Canada’s property landscape.

Legal experts warn of growing tensions between Indigenous title and private property rights

Recent legal developments suggest that Indigenous rights and private property interests may soon collide. However, governments and the parties involved can take steps to prevent these values from competing.

A case in point is the 2024 Chippewas of Saugeen First Nation v. South Bruce Peninsula ruling by the Ontario Court of Appeal. The court upheld a decision confirming that the constitutional rights of the Chippewas of Saugeen First Nation take precedence over the fee simple property rights of private landowners.