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Thomas Isaac on Private Property Rights, Aboriginal Title, and UNDRIP

01/15/2026

In the wake of multiple events in BC, including the introduction (and later withdrawing) of the Land Act, the granting of Aboriginal title to Haida Gwaii, the Cowichan decision, and a recent decision that found that BC’s mineral claims regime is inconsistent with the province’s own declared law, DRIPA, there has been increased confusion surrounding private property rights, Aboriginal title, and UNDRIP.

Thomas Isaac recently sat down with Carole Taylor to discuss the legal issues and potential repercussions of these events in further detail in an interview titled “Complications for Reconciliation in British Columbia.” The full discussion can be found here.

Tom notes that for over a decade now, he has been saying: “We need a game plan in this province on how we’re going to get from where we are today to having all 200+ First Nations plus the Métis, reconciled in this province in an affordable, reasonable manner.”

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.