Politics · Canada · 2 hrs ago
Cowichan Tribes plan proposal to protect private property rights
The Cowichan Tribes plan to propose a way to protect private property while recognizing their Aboriginal title in a case involving land in Richmond, British Columbia.
A 2025 court ruling said Cowichan Aboriginal title takes priority over fee-simple ownership, a form of private land title, and parts of B.C.’s Land Title Act do not override it.
The ruling has raised concerns about the security and value of private property.
The Tribes’ lawyer, David Rosenberg, says their proposal will be filed in January when the court considers requests to pause the ruling during an appeal.
He says the case is separate from the incoming Conservative government’s plan to repeal DRIPA, B.C.’s law on Indigenous rights.
Former Conservative leader John Rustad says the government should appeal and seek to extinguish Aboriginal title, while Rosenberg says governments cannot do so without a constitutional amendment.
The proposal is intended to help the parties reconcile Aboriginal title with private property interests as the case proceeds.
The Cowichan Tribes plan to propose a solution in January to protect private property rights and values while respecting Cowichan Aboriginal title.
Their lawyer, David Rosenberg, said the proposal will be filed when the court hears requests to pause the Cowichan judgment during an appeal.
The 2025 ruling found Aboriginal title to be a senior interest compared with fee-simple title on parts of Crown, city and private land in Richmond, B.C.
Former B.C. Conservative leader John Rustad says the incoming government should argue for extinguishing Aboriginal title, while Rosenberg says governments cannot do so without amending the Constitution.
The dispute has raised concerns about private property rights and values, and the incoming government’s approach to the case.
- Who
- The Cowichan Tribes, represented by lawyer David Rosenberg, plan to make the proposal. Former B.C. Conservative leader John Rustad has called for the government to argue for extinguishing Aboriginal title.
- What
- The tribes plan to propose a solution to protect private property rights and values while respecting Cowichan Aboriginal title.
- When
- The proposal is planned for January. The 2025 ruling is being appealed.
- Where
- The case concerns parts of Crown, city and private land in Richmond, British Columbia.
- Why
- The proposal aims to reconcile private property interests with Cowichan Aboriginal title.
David Rosenberg and the Cowichan Tribes
John Rustad
Reconciling interests
David Rosenberg and the Cowichan Tribes
Rosenberg says a solution can protect private property interests while recognizing Cowichan Aboriginal title.
John Rustad
Rustad says Indigenous rights and private property cannot co-exist.
Approach to the appeal
David Rosenberg and the Cowichan Tribes
Rosenberg says governments cannot extinguish existing Aboriginal title without a constitutional amendment.
John Rustad
Rustad says the incoming government must argue for extinguishment of Aboriginal title.
A ruling found Aboriginal title to be a senior interest compared with fee-simple title on parts of Crown, city and private land in Richmond.
The B.C. Conservatives won the election and secured a two-thirds majority.
Rustad said the case could not be allowed to drag on because of uncertainty around private property rights.
The Cowichan Tribes plan to bring forward a proposal to protect private property rights and values while respecting Aboriginal title.
- Proposal timing
- January
- Case location
- Richmond, British Columbia
- Ruling year
- 2025
- Lawyer
- David Rosenberg
- Former party leader
- John Rustad
- Appeal issue
- Requests to stay the Cowichan judgment pending appeal
What people are saying
That is what negotiations are supposed to be leading to.
I don’t believe the repeal of DRIPA would in substance affect what the court ordered,
Private property is the foundation of society.
If you are going to take private property rights, which the court is now in the process of doing, you completely undermine society,