Supreme Court Ruling Grants Aboriginal Title Over Private Land
The B.C. government is appealing a recent Supreme Court ruling that granted Aboriginal title over several federal waterfront lots in Richmond to the Cowichan Nation and other First Nations. This decision reverses a long history of colonial eviction from a seasonal fishing village.
The B.C. Attorney General, Niki Sharma, stated that the ruling could have “significant unintended consequences” for private property rights across the province, and the government is committed to protecting those rights. She emphasized that the province prefers to resolve land claims through negotiation rather than court decisions.
The awarded land, which is on the south arm of the Fraser River, includes port terminals, warehouses operated by major companies like Amazon and Canadian Tire, a golf course, blueberry fields and multi-million dollar homes. The ruling also grants fishing rights to the plaintiffs. The decision has drawn criticism from members of B.C.’s Opposition, who worry it could deter economic investment and jeopardize vital infrastructure. The Musqueam First Nation, who were defendants in the case, also fundamentally disagrees with the judgment. The City of Richmond had also opposed the ruling, citing risks to municipal flood infrastructure.
I’m a bit worried about the impact this could have on all private land in the future. It raises many further questions about private ownership and a potentially slippery slope of the future of land ownership as we know it. What happens to the properties that are affected by this area? Will they become lease-hold land? Will they be purchased back? At current market-value? What do you think? What are the potential complications as we grapple with reconciliation in this country?
Read more about the BC provincial appeal to this decision, on CBC, here: CBC ARTICLE
Always at your side.
George Diaconu
604-561-4475
www.gd-realty.ca
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