Lawyers ask B.C. Supreme Court judge to reopen Cowichan land title case
Lawyers have requested the B.C. Supreme Court to reconsider its ruling on the Cowichan Tribes' Aboriginal title claim. The case, which established Aboriginal title over a former village site, is being challenged by Montrose Property Holdings, the largest private landowner in the area. The outcome could have significant implications for private property rights and the reconciliation process in Canada.
- ▪B.C. Supreme Court Justice Barbara Young was asked to reopen the Cowichan Tribes ruling nearly 10 months after it was issued.
- ▪Montrose Property Holdings argues that the original trial did not allow private property owners to defend their interests.
- ▪The case could set a precedent regarding the coexistence of Aboriginal title and fee-simple land rights.
Opening excerpt (first ~120 words) tap to expand
Open this photo in gallery:Country Meadows Golf Course, which falls within the boundaries of a Cowichan Nation Aboriginal title claim, in Richmond, B.C.DARRYL DYCK/The Canadian PressShareSave for laterPlease log in to bookmark this story.Log InCreate Free AccountB.C. Supreme Court Justice Barbara Young was asked Monday to reconsider her landmark Cowichan Tribes ruling in light of a contrary judgment that followed months later.The unusual hearing, held in the same Victoria courtroom where Justice Young conducted Canada’s longest-running trial, will determine whether the case will be reopened almost 10 months after she released her judgment.Justice Young ruled last August that the Cowichan had established Aboriginal title to a former village site that is now currently divided into various…
Excerpt limited to ~120 words for fair-use compliance. The full article is at The Globe and Mail.
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