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A leading expert on Aboriginal land issues says private property owners in B.C. should be concerned about the Cowichan land title court ruling.
The B.C. Supreme Court granted the Cowichan Nation Aboriginal title over nearly six square kilometres of land in Richmond.
The Cowichan Nation insists the ruling does not erase private property ownership.
B.C. Premier David Eby said he is confident a resolution can be found that protects private property.
However, a leading lawyer on Aboriginal issues says the ruling is clear — private ownership is in jeopardy.
“A precedent that will flow from this case is that sections 23 and 25 of the Land Title Act do not apply to Aboriginal title,” Tom Isaac with Cassels Aboriginal Law Group told Global News.
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“Those are not my words — those are the judge’s words, paragraph 3,551. So anyone suggesting this is about 800 acres, it’s simply not the full story on the decision.”
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Isaac is one of the top legal minds in Canada on Aboriginal law and he agreed with criticism that Eby’s government is talking out of both sides of its mouth.
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“And it can’t be done on this issue,” he said.
“This issue requires very prudent, thoughtful, serious, public government leadership.”
Isaac said this case puts B.C. in a unique category.
“So far as I am aware, as the only western economy on the planet where you can’t take indefeasible title to the bank, in fact, your indefeasible title is now defeasible — this obviously needs to be corrected,” he said.
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The federal and provincial governments, the City of Richmond, the Musqueam Indian Band and the Tsawwassen First Nation are all appealing the B.C. Supreme Court ruling.
© 2025 Global News, a division of Corus Entertainment Inc.
