Last week, some homeowners received a letter from the City of Richmond warning that their property rights may be affected by the B.C. Supreme Court’s Cowichan Tribes v. Canada ruling. The court found that historic grants of private (fee-simple) title unjustifiably infringed upon Cowichan’s constitutionally protected title.
The public’s fear is understandable, but misdirected. Expropriation isn’t the point, and it’s irresponsible of political actors to suggest that private property may be no more. The sky is not falling.
The judiciary has been clear: The Crown owes the fiduciary duty to the Cowichan with respect to their Aboriginal title. The government’s liability can be resolved through compensation, including transfer of Crown land.
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