News Analysis
A recent landmark court ruling in B.C. upheld the indigenous right to reclaim ancestral lands by granting title and fishing rights to the Cowichan Nation in regions of the Lower Mainland based on their historic territory.
The court’s Aug. 7 decision references case law and a “senior interest” of aboriginal groups to regain the lands, even if they’re now held by government or private third parties. The province has said it will repeal the ruling.
While the 836-page decision from Justice Barbara Young only briefly mentions a sweeping United Nations indigenous pact, some legal scholars believe the court’s decision could have impacts on the interpretation of the act in Canada, although some argue that not much will change….