Should British Columbians homeowners know if where they live is subject to an Aboriginal title claim?
It doesn’t sound like a controversial question, in theory anyway. But, in B.C.’s current political dynamic, where everything to do with Indigenous reconciliation has become a lighting rod, it was a tense matter of debate at the legislature this week.
Opposition Conservative MLA Scott McInnis introduced a private members bill to mandate government publicly disclose any Aboriginal title claims, notify residents affected, and report out annually on the situation.
“I just see this as a really clear step towards that transparency with the public,” said McInnis.
“Hopefully it leads to increased communication between First Nations and the public with their claims of Aboriginal title, so there can be discussions made as far as what the intent is and what the geographical scope of the title claim area is.”
The B.C. government has refused to answer how many active Aboriginal title claims are currently filed against the Crown in the province.
The administration of Premier David Eby is treading lightly on the issue. Because controversy continues to swirl around last year’s BC Supreme Court decision which recognized Cowichan Nation title over around 800 acres of land in Richmond. The court also ruled Aboriginal title was superior to fee-simple private property rights.
Private Richmond landowners affected by the Cowichan claim were not alerted to the multi-year court proceeding, denying them the opportunity to participate. Eby said residents should have been told, though his government also could have chosen to do so at any point in the nearly 10-years-long court case.
“I think what we saw in Richmond, and what I heard from a lot of people in that claim area at town halls and speaking with individuals, is that they were quite blindsided by that decision,” said McInnis.
“This [bill] just allows for increased communication and that open dialog between government nations and the public.”
Read more at The Northern Beat: Proposed bill mandates public disclosure of Aboriginal title claims

