Two former Attorneys General agree: your private property is not at risk as a result of Cowichan decision
https://geoffmeggs.substack.com/p/two-former-attorneys-general-agree
Two former Attorneys General agree: your private property is not at risk as a result of Cowichan decision
https://geoffmeggs.substack.com/p/two-former-attorneys-general-agree
4 Comments
Then put it in writing in black and white.
If we’re all in agreement on this detail, then there should be no controversy, right?
The trial court decision specifically states aboriginal title is superior to Crown land entitlement and even more specifically states the lands acts through which title (i.e., interests in private property) are granted do not apply where aboriginal title is found. So unless the ruling is overruled or narrowed on appeal or by passage of new laws that employ the notwithstanding clause, private property is very much at risk.
What a disaster the BC ndp has been. They backed away from testing the confidence of the legislature over this because they know they would have lost despite holding a majority.
They also agree this won’t be resolved without a ruling from the Supreme Court so their opinion isn’t worth much.