The Decibel The Indigenous land claim that could override private property rights
18 snips
Nov 11, 2025 
Justine Hunter, a BC politics reporter for The Globe and Mail, discusses a groundbreaking B.C. Supreme Court ruling granting Cowichan First Nation title to 800 acres, including private land. She explains how this decision complicates the balance between Aboriginal and private property rights, raising governance questions and causing local uproar. Hunter highlights the potential for negotiations between the Crown and Cowichan, the implications for other Canadian land claims, and the overarching need for clarity in Indigenous rights as the nation navigates reconciliation.
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Aboriginal Title Is Broad And Evolving
- Aboriginal title grants exclusive use and occupation for a variety of purposes under Canadian law.
- Courts have progressively broadened the scope of Aboriginal title over recent decades.
Cowichan Ruling Redefines Seniority Of Title
- The August ruling awarded the Cowichan First Nation title over about 800 acres in Richmond, including private lands.
- The judge said provincial fee simple grants do not extinguish or displace Aboriginal title, making it a senior right.
Coexistence Without Clear Rules
- The decision implies Aboriginal title and fee simple can coexist but leaves unclear how conflicts will be resolved.
- The Crown and Cowichan were directed to negotiate how overlapping rights will operate in practice.