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Thomas Isaac Looks at National Implications of Cowichan Decision with The Globe and Mail

11/06/2025

Thomas Isaac has been quoted in the article titled “BC Premier Says Cowichan Decision Could Have National Implications,” published by The Globe and Mail.

Writes Andrea Woo: “BC Premier David Eby says private property owners have reason to be concerned by a recent court ruling that established Aboriginal title over an area that includes private property, because it could have implications in countless scenarios across the country where Indigenous people have been unjustly displaced.”

Tom argues that the ruling, if upheld, could have significant implications, citing a section of the ruling in which BC Supreme Court said that a precedent that will follow from the case is that two provisions of BC’s Land Title Act, which together essentially guarantee ownership under fee simple title, do not apply to Aboriginal title.

Says Tom: “The judge expressly states in the decision that, in BC, you cannot rely solely on your title as unquestionable evidence of ownership of land.”

If upheld, other appellate courts and other jurisdictions would then look to the decision and give it due consideration, he said.

Read the full article here. (Subscription required.)

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