Earlier this summer, the British Columbia Supreme Court released its much-anticipated decision in Cowichan Tribes v Canada (Attorney General), following the completion of a 513-day trial.
Concluding that the Cowichan Tribes hold Aboriginal title to a portion of their lands – including private lands held in fee simple – the BCSC made a number of findings and issued a series of declarations that will, if left unchallenged, create significant uncertainty for fee simple title holders in the province of British Columbia.
Thomas Isaac recently sat down with Carole Taylor to discuss the legal issues and potential repercussions of this decision in further detail in an interview titled “Whose Land Is It?” The full discussion can be found here.
Says Tom of the Cowichan decision: “It’s unfortunate. I do think the light is clearly on governments now to show some leadership – we need a long-term game plan.” While the decision is currently being appealed, the question about what would happen if the decision were upheld is a provocative one: “That would mean that British Columbia is the only common law jurisdiction globally where you would not be able to rely on your Land Title Act.”
We encourage you to read our full article on this topic:
The Aboriginal Law Group at Cassels remains committed to keeping you up to date on the latest developments on this topic. If you have questions or concerns, please reach out. We’re here to help.