Vancouver Sun’s Conversations That Matter, hosted by Stuart McNish.

Cowichan Tribes v Canada has rapidly become the most significant land title case in Canada and possibly in Canadian history. It has sparked intense and competing arguments in private, in public and in the legislative assembly in Victoria.

Premier Eby was grilled mercilessly about his defence of private property rights, his government’s slow response to file a stay and what the decision means to homeowners. Tensions flowing from the Decision reflect the need to recognize that, while Indigenous Nations are entitled to seek recognition of their constitutionally protected rights, there is also a need for fee simple owners to maintain certainty in title.

Central to this tension is the law make not allow for Aboriginal Title and Fee Simple to co-exist on territory under First Nations ownership. During the case, the impact on private property rights was recognized to which the court invited the parties to inform fee simple land owners to be notified. All parties decided not to inform private land owners.

I invited Radha Curper and Robin Junger of McMillan LLP to join me for a Conversation That Matters about the Cowichan Case and its implications to landowners in Richmond and the entire province of British Columbia. You can see the interview here https://www.conversationsthatmatter.ca/