Thomas Isaac recently sat down with Steven Malkowich, host of the podcast Ship of Fools, to explain the legal foundations and governance implications of the Cowichan land title case. Says Tom: “[British Columbia] can’t be the only western economy on the planet where you don’t have indefeasible title that you can take to the bank.”
The conversation looks at several topic, including:
- How Aboriginal title differs from fee-simple land ownership
- What the Cowichan decision clarified — and what it did not
- Why UNDRIP influences court interpretation without triggering immediate land changes
- DRIPA’s effect on political versus judicial responsibility
- Where accountability properly lies in unresolved land claims
- Why governments must re-engage in meaningful negotiations