The Cowichan court case, the Musqueam agreement and the issue of property rights in British Columbia...

This is a Full Comment Podcast episode that more people need to listen to.

There is a lot of confusion around private property rights in British Columbia these days and given the actions of our different levels and branches of government, it’s no wonder.

The judicial branch granted “Aboriginal title” to a large swath of Richmond, B.C. to the Cowichan Tribe. That same land was claimed by the Musqueam Indian Band, which fought the Cowichan in their court case, and the federal government has signed an agreement with the Musqueam granting full rights and title to all of Richmond, Vancouver, West Van and more.

A different band claims this land, at least part of it, as their own.

Does any of this impact private property ownership, legally called fee simple title?

The real answer is that it’s unclear.

A couple of weeks ago, I chatted with University of Saskatchewan law professor Dwight Newman to ask about all of this, starting with the Musqueam deal. Newman is a constitutional expert and an expert in Indigenous rights who told me the federal government in particular needs to bring clarity to a very murky situation.

Here is a quick clip as we discuss the messy Cowichan decision.

And here is the full podcast, audio only - and without the distracting background music - to give you a fuller understanding.