The ruling of indigenous rights and the most recent title in BC is directed to the Court after the province issued a statement saying that it plans to appeal the decision.
The BC Supreme Court ruled last week in favor of Cowichan’s tribes on the island of Vancouver, granting fishing and aboriginal title on a plot of land on the island of Lulu in Richmond, BC.
Niki Sharma, BC attorney general, said in a statement that the ruling has unwanted consequences for private property rights that must be considered by a superior court.
“We do not agree with the decision. British columbia will present an appeal and seek a stay to stop the implementation until the appeal is resolved,” he said in the statement.
“This case is an example of why the province prefers to resolve land claims through negotiation, where we can directly protect property rights, instead of risking considerable uncertainty through judicial decisions.”
Sharma says that his team is working through the appeal lands that the province has after the initial decision.
She says that they are better resolutions by sitting with the partners of the first nations, and that her colleagues will be in contact with the Cowichan Nation, which presented the case.
Ancestral village site
Tribes de Cowichan is a First Nation community, and the first plaintiff appointed in the case.
Together with the first Halalt, Lyackson, Penelakut and Stz’uminus nations, the first five nations make up the Nation Quw’utsun (Cowichan).
Cindy Daniels, head of the Cowichan tribes, says that the Fraser River was known as the Cowichan River before colonization, and that the presence of its people at sea Salish was well known and documented by the first settlers in the region.
“Initially we tried to advance this work through the treaty process, but there was no opening to discuss the lands of the village Tl’uqtinus and aboriginal rights to fish in the Fraser River on that table, so we pursue the truth and reconciliation through the courts,” he said.
“While they are not fast, the courts remain an option for the first nations when we are not heard and our rights are ignored.”
Daniels says that he is satisfied with the recognition of the rights and the title of the Cowichan Nation of the province, and that the nation is still reviewing the area identified by the Court.
Indigenous opposition
The historical failure comes with a violent reaction from other first nations whose earth base is connected to the South Fraser River, including Musqueam and Tsawwassen.
In an email to CBC News, Tsawwassen’s first nation says that the nation is aware of the decision of the BC Supreme Court and that its legal advisor is reviewing it.
In a press release, Musqueam’s first nation says that “the boss and the council are deeply offended by the recent decision of the British Columbia Supreme Court on Cowichan V Canada tribes. Leadership and our entire community does not agree fundamentally with the decision of the court. “
The statement says that Musqueam’s legal advisor is also reviewing the decision.
