Tom Issac has been quoted in a recent article titled “BC First Nation Hopes for Reconciliation as Contentious Land Claim Heads to Appeal,” published by the CBC. The article looks at the controversial Cowichan decision, also covered by The Current.
Writes Georgie Smyth: “It was a partial victory for the First Nation, and a loss for the defendants, which included the federal, provincial, and municipal governments, who say the ruling could upend the security of BC’s land title system and present unintended consequences for private property rights.”
It’s “untested waters,” according to Tom. The land titles, or documents of ownership, held by those people inside the claim area are known as fee simple titles. They’re the most common form of land ownership in Canada and are supposed to be indefeasible or basically guaranteed, says Isaac. But, he says, the ruling upends that basic principle.
“That was the court’s words in numerous places in the decision, that indefeasible title is no longer indefeasible when it comes to Aboriginal title being proven,” he said.
And yet, there are multiple lines in the decision that say private property is not affected.
“The problem is, that it is,” says Tom.