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 Christine Van Geyn of Canadian Justice to discuss the legal issues and potential repercussions of this decision in further detail in an interview titled “BC Case Redefines Aboriginal Title.” The full discussion can be found here. Tom and Christine were joined for the discussion by Professor Dwight Newman.
Says Tom on the potential issues that could stem from the Cowichan decision: “You obviously can’t have two parties each having an exclusive right to land. It’s really that simple.”
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.