Jared Enns, Emilie Cox, and Mac Hayden will present a paper, co-authored with Devon Campbell, titled “The Occupancy Requirement: A Remedial Framework For The Breach of Aboriginal Title” at the Canadian Energy Law Foundation’s Jasper Research Seminar taking place from June 17–20, 2026 in Jasper, Alberta — one of the leading forums for thought leadership in Canada’s energy sector.
The paper will be published in the Alberta Law Review and delivers a timely and strategic analysis of the evolving legal landscape governing Aboriginal title, private property rights, and the law of declaratory relief in Canada, with a focus on how inconsistent lower court decisions have created uncertainty in land title systems. It highlights the tension between established Supreme Court of Canada jurisprudence and divergent lower court rulings, particularly regarding the potential application of Aboriginal title to fee simple lands and its implications for land tenure and development. This paper presents a framework for addressing conflicts related to Aboriginal title that is consistent with existing SCC jurisprudence, and suggests an appropriate remedy that upholds Aboriginal rights, safeguards private property interests, and facilitates certainty for project development.