Thomas Isaac and Jared Enns have authored an Op-Ed on the recent landmark Cowichan decision from the British Columbia Supreme Court.
The Op-Ed, titled “Opinion: Achieving Reconciliation: If We’re All Here to Stay, Cowichan Decision Got It Wrong,” states that:
“The B.C. Supreme Court’s decision in Cowichan Tribes v. Canada has upended the province’s land title system and certainty around private property ownership in B.C. If we’re all here to stay, reconciliation requires a remedy that takes into account the historic injustices suffered by Aboriginal title claimants, without undermining private property ownership.”
The piece goes on to look at points of legal tension, the belief that reconciliation requires balance, the question of remedy, and the best way to move forward.
Note the authors:
“If reconciliation is to succeed, it must avoid pitting Indigenous rights against private ownership. Remedies like fair compensation, rather than erasing titles, offer a path that acknowledges the wrongs of the past while preserving the stability of the present.”
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Learn more about the potential impact of this decision in our recent Comment, “Aboriginal Title Supersedes Fee Simple: Landmark Ruling in Cowichan Tribes v Canada Creates Significant Uncertainty for Private Landowners in BC.”