Leighton Grey, constitutional lawyer is back to break down the issues coming out of BC in regard to the Cowichan decision and most recently the Musqueam Agreement. How does it affect land ownership in BC and is it just a federal land grab.
“Justice Young’s 7 August 2025 decision in the Cowichan case caught most Canadians completely by surprise. The general public was unaware of the case, despite its serious implications for all of us; and the fact that it was the longest trial in Canadian history. The lawsuit was filed in March of 2014, and the trial took place between September of 2019 and November of 2023. The decision was not rendered for another two years after the trial concluded. One reason why the case did not attract public attention is that the BC and federal governments, hand-cuffed by their own practice directives, did not defend the Cowichan claims by arguing that Aboriginal title had been extinguished. Justice Young noted their failure to do so at Paragraph 2096 of her decision. Extinguishment of Aboriginal title is a flashpoint issue, and had the BC and federal governments argued extinguishment as a defence, the case would have attracted widespread attention.” -Leighton Grey
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