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 Jordan Armstrong of Global News to discuss his assessment of the BC Supreme Court’s ruling on the Cowichan Nations’ land title claim. The full discussion can be found here.
Regarding the decision, Tom notes: “The Court – in at least six different paragraphs – expressly states that the Land Title Act, the core provisions of indefeasible title, do not apply in the case of Aboriginal title. The challenge with that is that it leaves British Columbia, so far as I am aware, as the only Western economy on the planet where you can’t take indefeasible title to the bank.”
Tom worries about the consequences of this decision: “I see the consequences everyday of the uncertainty. And it’s not just the consequences for industry and business, it’s not just the consequences for private landowners, but it’s also the consequences for other Indigenous people. We need a radical rethink of what we’ve been doing in the province for decades.”
On the future of land title and reconciliation: “This issue requires very prudent, thoughtful, and serious public government leadership.”
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.
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Tom has appeared on Global News several times over the past couple of weeks, including: