Uh, What? Canadians in Richmond Don’t Own Their Property? They Gave It to a Tribe?

In British Columbia, NDP Premier David Eby is preparing to bring his province to its knees. The B.C. government plans to share management of Crown land with First Nations. The scheme will apply not to limited sections of public land here and there, but across the province.

British Columbia’s Supreme Court declared Aboriginal title over land in Richmond, potentially including private property. So, people in B.C. don’t own their land?

Members of the Quw’utsun Nation have won a landmark case in B.C. Supreme Court to recover land title and fisheries rights near the mouth of the Fraser River.

A Vancouver Island First Nation has won back fishing rights and title for part of the land its ancestors used as a summer home in the Lower Mainland, despite opposition by two other Indigenous communities.

The plan is to decolonize and take down European structures. They control the water and government land and possibly private land.

From the decision:

“I agree that Aboriginal title is a prior and senior right to land. It is not an estate granted by the Crown, but rooted in prior occupation. It is constitutionally protected. The question of what remains of Aboriginal title after the granting of fee simple title to the same lands should be reversed. The proper question is: what remains of fee simple title after Aboriginal title is recognized in the same lands?

“I agree with Professor Borrows that this should not be a zero-sum game. Both interests in land may be valid, and the exercise of the rights that come with those interests should be reconciled. The infringement/justification inquiry with regard to any fee simple-related infringements permits a principled reconciliation of Aboriginal rights with the interests of all Canadians. This inquiry speaks to the interests of the broader community. The outcome will affect if and how Crown conduct can limit the exercise of Aboriginal title and will likely impact aspects of other existing interests in land.”

We need fewer Academics in the world.