Silly “settlers”, you thought that you owned your homes? A British Columbia judge just decided that you don’t. Aboriginal title has been declared over private property in Richmond. Are you awake yet? 1/
The case was brought by the Cowichan Tribes to claim title over fee simple lands within Richmond. This one case cost many millions of dollars. Dozens of lawyers took up over 500 days of court time. 2/
The court admitted that the band had been semi-nomadic. It hadn’t occupied the lands year round or even expelled competing bands. Nor have they continuously occupied the lands, which were transferred by Crown grants over 100 years ago. 3/
In previous land claims, fee simple lands were excluded. This was because of the obvious incompatibility of having two parties with exclusive rights to control one parcel of land. But the court relied on the government’s agreement last year recognizing Haida title as a precedent. Rustad and Eby both voted to support it. 4/
But the more serious issue – the elephant in the room – is that an indigenous band isn’t accountable to the public, only to its own members. So now your homes can be controlled by bands, who do not have your interest in mind. In fact, they are legally obligated to put their own members’ interest first.5/
But for many years now, our courts have not been particularly concerned about this aspect of aboriginal title. Indeed, the court here asks, almost flippantly, consider not what remains of aboriginal title, but what remains a fee simple title? What remains indeed. 6/
When does it end? The trajectory currently is to give away much of this province to the leaders of bands to rule over the non-indigenous public with no obligations to their subjects. This is obviously antithetical to any notion of democracy. 7/
We need to retrace our steps. Yes native groups were here before the founding of Canada. But effextixe control and exclusive governance has long been assumed by the Crown and Canadian governments. We are all here now and we are all Canadians. There is no going back. It was and remains a mistake ro try. 8/
So what do we do? We fight for one BC. One Canada. One set of laws for all. We rally for a future that offers the safeguards of democracy and the hope of prosperity to everyone; regardless of race or ancestry. 9/
Yes, it will require us to crack open our constitution. To demand changes from Ottawa. To unite with other provinces and citizens across the nation. But if that’s what needs to be done, then let’s do it. OneBC is ready to lead, but we can’t do it alone. Join us today! https://t.co/5Hh9vQLesS
The judgement can be found here