The leader of British Columbia’s official Opposition is calling on the federal government to refer a landmark Indigenous land claim ruling to the country’s highest court.
The decision, handed down by the B.C. Supreme Court earlier this month, affirmed that the Cowichan Tribes have Aboriginal title in a 750-hectare land parcel in Richmond, which includes city and port lands, farms, golf courses and commercial properties.
The B.C. government has said it will appeal the ruling, arguing clarity is needed on the matter and that the B.C. ruling could have unintended consequences for private property rights.
In a letter to federal Justice Minister and Attorney General Sean Fraser, BC Conservative Leader John Rustad said the case should be referred directly to the Supreme Court of Canada, arguing the current situation has created uncertainty.
“You need to have certainty for what are the rules for your private property and today, we don’t know what those rules are and we cannot wait the years it will take to go through the appeal process. We need to find a way to get an answer quite quickly,” Rustad said.
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“The court has now determined that Indigenous rights can coexist with private property rights, that to me can’t happen, they are in conflict.”
Under the Supreme Court Act, the federal cabinet is permitted to send cases directly to the Supreme Court of Canada, bypassing lower courts.
Housing and Infrastructure Minister Gregor Robertson, who is the Member of Parliament for Vancouver Fraserview-South Burnaby, said the government is not ruling the idea out.
“My understanding is private property rights are not affected by this decision, on the Cowichan case, but I think it’s important we know that as Canadians, and I know Minister Fraser is looking at next steps with that decision,” he told Global News.
The Cowichan Nation said it was not seeking to recover any privately held lands in the court case but wanted lands held by government returned to them.
The ruling in Cowichan Tribes v. AG Canada et al. was launched in 2019 and resulted in the country’s longest-ever trial.
Four First Nations, Quw’utsun Nation, Cowichan Tribes, along with the Stz’uminus First Nation, Penelakut Tribe, Halalt First Nation and all other descendants of the Cowichan Nation, filed the challenge seeking to recover their government-held lands near the mouth of the Fraser River, along with an Aboriginal right to fish the south arm of the Fraser River for food.
Land in the claim area is currently owned by the federal Crown, the B.C. government, the Vancouver Fraser Port Authority, the City of Richmond and private third parties.
The defendants in the case were not only the federal government, the B.C. government and the port authority, but also the Tsawwassen First Nation and the Musqueam Indian Band.
In announcing that the province would appeal, B.C. Attorney General Niki Sharma cited the ruling as an example of why the province prefers to resolve land claims through negotiation, rather than the court system.
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