Thomas Isaac is featured in a recent Northern Beat article, “Cowichan Rulings: A Relentless Legal Strategy Wins, Landowners Lose,” which examines the far-reaching implications of the British Columbia Supreme Court’s Cowichan Aboriginal title decisions and their impact on private landowners.
The article explores the court’s recognition of Aboriginal title over lands that include fee simple interests, as well as the broader legal and policy questions surrounding private property rights, reconciliation, and the Crown’s litigation strategy. In discussing the case, Tom comments on the federal and provincial governments’ decision not to advance an extinguishment defence, arguing that existing jurisprudence supports its consideration by the courts:
“There’s a 2018 BC Supreme Court decision that expressly confirms that extinguishment is a valid, untested defence. The only law we’ve got in this province is actually quite clear that extinguishment is an actual valid argument. I know that case because I argued it and won it.”