Lawyers for the Cowichan argue case should not be reopened to consider private property rights
Lawyers for the Cowichan Tribes argue that private landowners should not participate in their Aboriginal title case before the B.C. Supreme Court. The case is already the longest-running trial in Canada, and allowing private landowners to join could complicate the litigation process. The court previously ruled that Aboriginal title and private ownership can coexist, but negotiations for a settlement are ongoing.
- ▪The Cowichan Tribes' lawyer claims that reopening the case to include private landowners is an abuse of process.
- ▪Justice Young ruled that the Cowichan established Aboriginal title to a former village site, but did not specify how land governance would change.
- ▪Montrose Property Holdings Ltd. seeks to reopen the trial to address its land rights, claiming negative impacts from the judgment.
Opening excerpt (first ~120 words) tap to expand
ShareSave for laterPlease log in to bookmark this story.Log InCreate Free AccountPrivate landowners have no place participating in the Cowichan Tribes’ Aboriginal title case before the B.C. Supreme Court, a lawyer for the First Nations argued Tuesday.B.C. Supreme Court Justice Barbara Young is hearing submissions this week on an application from a large industrial landowner in Richmond, B.C., to reopen the Cowichan case, which is already the country’s longest-running trial.David Rosenberg, the lead lawyer for the Cowichan, said the application is an abuse of process, and that allowing a private landowner to become a party to the case almost 10 months after the final judgment was written would set “a terrible precedent” that would invite potentially hundreds of interested parties to seek…
Excerpt limited to ~120 words for fair-use compliance. The full article is at The Globe and Mail.
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