Commentary
The B.C. Supreme Court monkey-wrenched our Constitution in “Cowichan Tribes” this August. It didn’t just say the plaintiffs’ ancestors had been ripped off and should get compensated. It ripped up the notion of real property in Canada. Which seems as short on truth as on reconciliation.
Some commentators are brushing aside concerns, saying just negotiate the definitive resolution of aboriginal land claims that’s eluded us for over a century and voila, everyone gets what they want. But as Henry Kissinger wisely observed, “A negotiation can succeed only if the minimum terms of each side can be made to coincide.” Here, I’m not even sure the definitions can….