On this edition of Journal, we try to untangle the evermore confusing issues surrounding aboriginal title in British Columbia and what it means for private property owners.

My head is spinning with all the contradictory information that is out there. Private property is not affected, says our premier. Oh, maybe it is, says a judge.

One pattern is emerging – decisions are being made by governments in negotiations with First Nations in private, then grandly announced as a fait accompli to the broader public, businesses, and property owners. That’s no way to build support or buy-in.

To whit, the proposed-then-withdrawn Land Act giving First Nations a 50% say on all the province’s Crown land, the Haida title agreement, the dispute on the Sunshine Coast, the Cowichan court case, and then the federal signing of a deal with the Musqueam claiming vast sections of Metro Vancouver and surrounding municipalities as their hereditary land.

It is a fact that when you lose trust, you lose trust. So now, when any of these players say, “Oh, trust us. We won’t touch private property,” it’s a hard sell, especially since the judge in the Cowichan case said her decision may give rise to some uncertainty for private property owners. Indeed.

A final irony is that some of the agreements are now being challenged by other First Nations: the Musqueam and Tsawwassen First Nations are appealing the Cowichan decision, Squamish First Nation said it wasn’t consulted on the Musqueam decision, and even the Cowichan First Nation is appealing its own successful court case because they only were awarded half of what they asked for!

Thomas Isaac, one of Canada’s top lawyers in the field of aboriginal law, joins us to say what worries him about the BC situation.

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Carole Taylor's Journal is a public affairs dialogue that digs deep into the most pressing issues of our times. For more, see our website at http://www.caroletaylorsjournal.ca.

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