In a decision that is sure to ruffle feathers, B.C. Supreme Court Justice Barbara Young declared the Cowichan Tribes have established Aboriginal title to roughly 800 acres in Richmond.
Only in the mind of a Canadian Barbara could this be an equitable solution:
In Justice Young’s Thursday decision, the court stopped short of ordering restitution or compensation. However, it now says the two ownership titles of fee simple and Aboriginal title can, and must, “co-exist.”
The decision therefore requires “honourable” and “good faith” negotiations to continue between the Cowichan tribes and most defendants in the case over ownership and use of the lands — meaning the historically prolonged legal process is still far from over.
Only in the mind of a Canadian Barbara could this be an equitable solution: