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Rustad Calls for Supreme Court Reference on Cowichan Title Ruling

The BC Conservative leader urges a Supreme Court reference to resolve uncertainty created by the Cowichan title ruling.

Overview

  • Speaking at the UBCM convention, John Rustad said “Indigenous rights and private property rights cannot coexist” and urged the federal government to seek guidance from the Supreme Court of Canada.
  • The August BC Supreme Court decision recognized Cowichan Tribes’ Aboriginal title over about 7.5 square kilometres on Richmond’s Lulu Island and declared certain Crown grants, including private titles, invalid.
  • The Province of British Columbia, the City of Richmond and the Musqueam First Nation have appealed, with legal processes proceeding during an 18‑month suspension intended for negotiations.
  • Municipal leaders heard that the ruling challenges the certainty of fee‑simple indefeasibility and could affect lending, permitting, land‑use decisions and Richmond’s dike ownership and maintenance.
  • Counsel for the Cowichan Nation said homeowners are not being ejected and emphasized that the court’s pause was meant to allow governments and the Nation to negotiate practical solutions.