Tom Isaac recently sat down with CTV News to discuss the British Columbia Supreme Court’s landmark decision in Cowichan. Says Tom: “I think it’s one of the most significant decisions in Aboriginal law that we’ve had over the past 35 years.”
Writes Rob Buffram: “The judge, in her 800-plus page decision, held that Aboriginal title and private property rights — known as fee simple — can co-exist, and that the Aboriginal title here trumped private property rights and that the Cowichan Tribes could repossess that land.”
“It’s the first decision that really fundamentally provides a remedy to First Nations to take back private land,” says Tom.
Listen to the full interview here.
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Learn more about the potential impact of this decision in our recent Comment, “Aboriginal Title Supersedes Fee Simple: Landmark Ruling in Cowichan Tribes v Canada Creates Significant Uncertainty for Private Landowners in BC.”