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<\/p>\nJustice Barbara Young\u2019s ruling says Crown and city titles within the area are defective and invalid, the Crown\u2019s granting of private titles on the land \u201cunjustifiably\u201d infringed on the Cowichan title, and sections of B.C.\u2019s Land Title Act that establish fee-simple title as \u201cindefeasible\u201d do not apply to Aboriginal title.<\/p>\n
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The ruling has led to questions about how Aboriginal title and private property can coexist, and concerns about mortgages and loans for businesses in the area.<\/p>\n
B.C.\u2019s minister of Indigenous relations and the Cowichan Nation issued a joint statement last month confirming they were in negotiations after the ruling, while both sides appeal different parts of the decision.<\/p>\n
\u201cFor transparency, neither the Cowichan Nation nor British Columbia are seeking to invalidate any privately held fee simple titles on the Cowichan Title Lands through the negotiation or appeal processes,\u201d the statement said.<\/p>\n
But Poilievre said public statements aren\u2019t enough and the federal government needs \u201cbinding legal text\u201d on the issue.<\/p>\n
\u201cWe\u2019re calling on the government to commit that no agreements shall be signed with any First Nation without an explicit statement that fee-simple home ownership and private property come first and cannot be overwritten,\u201d he said, addressing media near the claim area.<\/p>\n
Lawyers who work with First Nations have largely dismissed concerns about the ruling as unfounded, and warn that fearmongering about the decision could lead to properties losing value.<\/p>\n
Poilievre said the federal government should change how it argues Aboriginal title claims in the courts. <\/p>\n
\u201cWe want Mark Carney to change his legal directive to make it clear that his lawyers must argue that fee simple property ownership, your home and your business, belongs to you and you first and that no other claim can supersede that ownership,\u201d he said.<\/p>\n
He pointed out that Young\u2019s decision says federal lawyers initially pleaded \u201cextinguishment\u201d of rights as part of their arguments in the case, but amended their response to abandon this argument in 2018.<\/p>\n
However, the City of Richmond, which was also a defendant in the case, did persist with the extinguishment pleading and was unsuccessful.<\/p>\n
The Conservatives also want a parliamentary committee to study \u201clegal, constitutional and political steps to protect private property rights in Canada.\u201d<\/p>\n
On Thursday, Poilievre called it \u201cregrettable\u201d that fee-simple property rights are not enshrined in the Constitution.<\/p>\n
\u201cProperty rights are human rights,\u201d he said. \u201cYou need property rights protection to have a thriving property-owning democracy.\u201d <\/p>\n
This report by The Canadian Press was first published April 9, 2026.<\/p>\n
Ashley Joannou, The Canadian Press<\/p>\n","protected":false},"excerpt":{"rendered":"Justice Barbara Young\u2019s ruling says Crown and city titles within the area are defective and invalid, the Crown\u2019s…\n","protected":false},"author":2,"featured_media":594353,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[194295],"tags":[879,49,48,2467,2461,2468,2460,2462,2463,44,2464,20739,2465,2466,82],"class_list":{"0":"post-594352","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-ottawa","8":"tag-breaking-news","9":"tag-ca","10":"tag-canada","11":"tag-central-vancouver-island","12":"tag-nanaimo","13":"tag-nanaimo-breaking-news","14":"tag-nanaimo-news","15":"tag-nanaimo-news-now","16":"tag-nanaimonewsnow","17":"tag-news","18":"tag-oceanside","19":"tag-ottawa","20":"tag-parksville","21":"tag-qualicum","22":"tag-sports"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/594352","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=594352"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/594352\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/594353"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=594352"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=594352"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=594352"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}