From: atropos@mac.com   
      
   Here's hoping Rhino or Goat don't find themselves out on the street watching   
   as an Indian tribe takes over their homes...   
      
   -------------------------   
   The British Columbia Supreme Court decision in Cowichan Tribes v. Canada   
   (Attorney General), 2025 BCSC 1490 found that the Cowichan Tribes proved   
   aboriginal title under the test from Delgamuukw v. British Columbia (1997) and   
   Tsilhqot'in Nation v. British Columbia (2014):   
      
   (1) Sufficient Occupation   
      
   (2) Continuity   
      
   (3) Exclusivity   
      
   Effect on Private Property:   
      
   This was the first Canadian court decision to declare aboriginal title over   
   lands including fee simple (private) ownership. The court ruled that Crown   
   grants and vestings were issued without statutory or constitutional authority   
   (violating Article 13 of BC's Terms of Union and reserve policies),   
   constituting unjustifiable infringements on aboriginal title under the Sparrow   
   and Tsilhqot'in frameworks.   
      
   These grants did not extinguish title, as provinces lack jurisdiction to do   
   so; instead, aboriginal title coexists as a prior, senior right that burdens   
   fee simple interests.   
      
   [In other words, good luck ever selling your house.]   
      
   For developed and private lands (about 125 privately held properties in the   
   claim area): Fee simple titles held by third parties (private owners) remain   
   valid and indefeasible under the Land Title Act until reconciled through   
   negotiation or further litigation.   
      
   Owners can continue using their property but aboriginal title constrains   
   incompatible uses (e.g., no new developments without consent or   
   justification).\   
      
   [Gee, thanks, judge for your permission to continue to live in my own house.]   
      
   Legal defenses such as limitations periods, laches, and bona fide purchaser   
   status were rejected by the court, despite being both relevant and legitimate   
   defenses, in order to "prioritize reconciliation".   
      
   [In other words, appeasing the Indians is what's important here so if we have   
   to ignore the law to keep you white people from prevailing here, that's what   
   we're going to do.]   
      
   Effect on Public Property:   
      
   Titles held by Canada (mostly industrial) and the City of Richmond (mostly   
   undeveloped) were declared defective and invalid, with the ruling suspended   
   for 18 months to allow transfer back to the Cowichan Tribes (except a 12-acre   
   airport fuel depot). All lands belonging to the Vancouver Fraser Port   
   Authority were ceded back to the tribe.   
      
   The ruling creates uncertainty for private landowners in Richmond, who may   
   face clouded titles but not immediate eviction from their homes or loss of   
   deeds.   
      
   Affected homeowners were not formally notified during the trial (a 2017 ruling   
   by the judge deemed it necessary to avoid hostility), leading to surprise when   
   the verdict was handed down and a proposed class-action lawsuit alleging   
   malfeasance by the government.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)