Quw’utsun Nation won an Aboriginal title case in Richmond B.C., but what does Aboriginal title mean?
A landmark case in British Columbia has put a spotlight on Aboriginal title, and how it fits with federal and provincial laws.
In early August, a B.C. Supreme Court judge ruled Quw’utsun Nation had fishing rights in the Fraser River, and Aboriginal title to 7.5 square kilometers in the City of Richmond – where privately owned homes are built on top of a historic village site.
Musqueam Indian Band and Tsawwassen First Nation, defendants in the case along with Canada and B.C., argued they have traditional ties to the area as well. They will appeal the decision, along with the provincial and federal government.
But what does Aboriginal title mean, and how does it affect things like fee simple ownership, also known as private property?
Aboriginal title lawyer Ryan Beaton said Aboriginal title gives the title holders the right to decide how the land will be used and economic benefits from the land.
Beaton said multiple jurisdictions can coexist.
“So you can have fee simple land as a fee simple land owner — you have your property and a house — while the province still has jurisdiction,” said Beaton.
“It seems to my mind, and I think to most observers, that Aboriginal title would be a third order of lawmaking power, where the title holders would make laws over the Aboriginal title land alongside provincial and federal law.”
But that’s still unclear.
“So far the courts, especially the Supreme Court of Canada, has been hesitant to explicitly say Aboriginal title comes with law-making power,” said Beaton.
Uncertainty historical
Khelsilem, a former elected councilor for Squamish Nation, said this lack of clarity goes back to colonial contact.
“The uncertainty has always existed,” Khelsilem told CBC Radio’s The Early Edition on Wednesday.
“It’s existed for 150 years. The courts have repeatedly said the Crown needs to behave honourably and it needs to negotiate in order to resolve these things and it’s actually because the government has refused to do that work that we’re in the uncertainty that we’re in now.”
The City of Richmond has invited registered owners of certain properties on Lulu Island to a meeting Oct. 28 to share more information about the ongoing litigation.
Lawyer Tim Dickson said the Quw’utsun Nation has said in court proceedings it is not looking to repossess privately owned homes.
“They’ve only sought to get land back from the government in this area,” said Dickson.
Dickson said in no cases of Aboriginal title brought forward to date in Canada have Indigenous people “sought to kick individual landholders off of their lands.” cbcnews
article website here
….Dickson said in no cases of Aboriginal title brought forward to date in Canada have Indigenous people “sought to kick individual landholders off of their lands.”….
That’s because the entire country would be pissed off. That would end the land claim issue for good. No government would survive having landholders being kicked off their lands.
Right now, those value of the houses in the contentious area has dropped considerably.. Now and maybe well into the future.
I wonder how this affects the mortgage values? Are the owners now underwater?
What will happen is that governments will throw a huge pile of money at the the problem. Your money and my money. That is what governments do.