Hub Podcasts Could a B.C. First Nations' land claim upend Canadian property rights?
Aug 12, 2025
Dwight Newman, a Law professor at the University of Saskatchewan and a constitutional law expert, dives into the recently won land claim case by the Cowichan tribes that raised questions about property rights in British Columbia and beyond. He discusses the complexities of Aboriginal title and its potential impact on private land ownership. The conversation also touches on the urgent Canadian housing crisis and the moral implications of returning land to Indigenous communities, creating a rich dialogue on reconciliation and legal frameworks.
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Cowichan Won Major Aboriginal Title
- The Cowichan tribes won an Aboriginal title claim covering about 800 acres in Richmond, B.C., including city-held lands and industrial areas.
- The court's ruling declares ownership under Aboriginal title but deferred many details about consequences for private fee-simple owners.
Disputed Lands Are Industrial And Municipal
- The disputed lands include industrial operations and city-held property in Richmond tied to Fraser River activities.
- The judge avoided rulings directly impacting private owners, noting many weren't notified or party to the trial.
Aboriginal Title Is 'Full Ownership' — Complex In Practice
- Aboriginal title is treated as full ownership under Canadian case law, but its overlap with fee simple ownership is legally complex.
- The trial judge intentionally left many questions about private owners unresolved since they weren't party to the case.