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Cowichan Lawyer Seeks Treaty to Reconcile Aboriginal Title With Private Ownership

Cowichan’s counsel urges a negotiation route that keeps homeowners’ fee-simple deeds intact.

Overview

  • David Rosenberg says the Cowichan Tribes are not targeting privately held land within the Fraser River title area.
  • He says a likely outcome, if the province negotiates in good faith, is a treaty that recognizes Aboriginal title without extinguishing fee-simple rights.
  • An August B.C. Supreme Court ruling recognized Cowichan title over part of the area, found some Crown and city grants defective, and imposed a duty on the province to negotiate.
  • British Columbia, the City of Richmond, and the Musqueam First Nation plan to appeal, and Richmond has invited affected owners to an October 28 information meeting.
  • Rosenberg calls a push for an immediate Supreme Court of Canada ruling unrealistic and cites 19th-century events involving Richard Moody to explain the case’s unique history.