Whose Land is it?

LawPolitics

Sep 18

Guest: Thomas Isaac, Cassels Brock & Blackwell LLP

On this edition of Journal: another look at the growing tension between aboriginal title and individual property rights.

This issue was brought to the fore by the NDP government’s introduction of the Land Act just before the last election. It was a bit of a bombshell, as it indicated that First Nations would co-manage all of British Columbia’s Crown land – 94% of the province.

Because this was done without proper consultation with all the many affected players, including private property holders and businesses, the resulting uproar forced the government to withdraw the Act.

Then this spring, an agreement between the provincial government and the Haida Nation announced the granting of aboriginal title throughout Haida Gwaii. Once again, the question of private property rights arose. Does aboriginal title override both government and private ownership?

And now, we have the momentous Cowichan court decision granting title of land in Richmond to the Cowichan Tribes. The voices expressing concern over private property are growing even louder.

In her judgement, the judge said, in part, that her decision “may give rise to some uncertainty for the fee simple title holders.” That means private property owners; she goes on to say “it may have consequences for their interest in land.”

To help us sort out the actual legal issues and repercussions is one of Canada’s top legal minds in the field of aboriginal law.

Thomas Isaac joins us to analyze these latest developments and what it means to homeowners.