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Thomas Isaac on Cowichan and Private Property Rights

02/18/2026

Thomas Isaac recently sat down with Steve Saretsky, host of the podcast Loonie Hour, to discuss the perils of DRIPA and the missteps of the BC government in protecting private property rights in an interview titled “Canada Has Failed to Uphold Private Property Rights.” The full discussion can be found here.

Quite simply, says Tom, “you can’t have two exclusive titles to one parcel of land.” He goes on to note that with the Cowichan decision, “British Columbia is the only part of the entire Western economy where there has now been a direct threat on the concept of private property ownership.”

This discussion follows Tom’s recent appearances on:

  • Carole Taylor’s Journal to discuss the legal issues and potential repercussions of recent events in Aboriginal law in an interview titled “Complications for Reconciliation in British Columbia.” Listen here.
  • Breakthrough Nation to break down the legal impact of this and similar cases, explore the balance between Aboriginal title and indefeasible title rights, and look at why reconciliation efforts must prioritize economic sovereignty in an interview titled “Aboriginal Title Rights, Private Property, and True Reconciliation.” Watch here.

We encourage you to read our recent Comments on these topics:

  1. Aboriginal Title Supersedes Fee Simple: Landmark Ruling in Cowichan Tribes v Canada Creates Significant Uncertainty for Private Landowners in BC
  2. BC Supreme Court Confirms Aboriginal Title Over Haida Gwaii
  3. Navigating the Uncertainty Caused by Cowichan Decision

You can also learn more about UNDRIP in the recently released “Canada & The UN Declaration on the Rights of Indigenous Peoples,” from LexisNexis, authored by Thomas Isaac and Grace Wu.

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.