Ep 585 - The Cowichan Case and Your Property Rights Guest: Radha Curpen & Robin Junger

Ep 585 - The Cowichan Case and Your Property Rights

Guest: Radha Curpen & Robin Junger

By Stuart McNish

Cowichan Tribes v. Canada has rapidly become the most significant land title case in Canada – and possibly in Canadian history. It has sparked intense and competing arguments in private, in public, and in the Legislative Assembly in Victoria. Premier Eby was grilled mercilessly about his defence of private property rights, his government’s slow response to file a stay, and what the decision means to homeowners.

Tensions flowing from the decision reflect the need to recognize that, while indigenous Nations are entitled to seek recognition of their constitutionally protected rights, there is also a need for fee-simple owners to maintain certainty in title. Central to this tension is the law does not allow for aboriginal title and fee-simple to co-exist on territory under First Nations ownership.

During the case, the impact on private property rights was recognized, to which the court invited the parties to inform fee-simple land owners to be notified. All parties decided not to inform private land owners.

We invited Radha Curpen and Robin Junger of McMillan LLP to join us for a Conversation That Matters about the Cowichan case and its implications to landowners in Richmond and the entire province of British Columbia.

You can see the interview here https://www.conversationsthatmatter.ca/

Learn More about our guests career at careersthatmatter.ca