The BC Supreme Court made a declaration of Aboriginal title over privately-owned land for the first time in 2025. In 2024, the New Brunswick Court of Appeal ruled in the opposite direction. Both cases are likely to be appealed to the Supreme Court of Canada. However, the SCC often denies leave to cases when it feels the time isn't yet right to decide the issue.

This market will resolve YES for the earliest calendar year where the SCC releases a decision that explicitly addresses the conflict between Aboriginal and fee simple title. Deciding an appeal of one of these cases but declining to address that specific issue (i.e. deciding it on procedural grounds) does not count. Resolution will be based on the date on which the decision can be accessed by the public.