Richmond mayor ‘gratified’ by Supreme Court ruling over Aboriginal title

Richmond Mayor Richmond Brodie says he is “gratified” by the Supreme Court of Canada’s decision Thursday that said Aboriginal title can’t be declared over private land.

In the ruling, Canada’s highest court said it will not hear a First Nation’s appeal against a decision made in New Brunswick, which is in contrast to the landmark Cowichan ruling by B.C.’s Supreme Court that has cast doubt on the primacy of private property rights.

Brodie says, however, while it may allow Richmond property owners to “breathe a little easier,” this doesn’t completely nullify their fear that their private property could be taken under an Aboriginal title claim.

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“I wish I felt that it was that absolute, but this is from New Brunswick,” he said.

“They have given credence to the idea that Aboriginal title and fee simple title cannot coexist. However, how that’s going to affect the case in B.C. at the trial level and at the Court of Appeal level remains to be seen.”

Brodie says he is concerned by the “glacial speed” at which the case in B.C. is proceeding.

“I had hoped that we would be well into the appeal process by now,” he said.

“It just doesn’t seem like there’s any pressure being exerted upon the various parties to expedite the matter or even proceed quickly. We had two matters that were heard this week. The judge in the case reserved on both of them. Who knows when it’s going to come out.”

B.C. Attorney General Niki Sharma applauds the New Brunswick decision, saying it gives the province an avenue to win a future appeal in the landmark Cowichan Tribes case.

“When it’s the same legal issues that we are dealing with here, I think that bodes well for our arguments, and the appeals that we are seeking in B.C.,” she said.

Meanwhile, the federal government says Canada’s top court will help all Canadian courts in future, similar decisions.

Attorney General Sean Fraser calls it a strong signal by the Supreme Court of Canada.

“The nature of that claim on private property is obviously going to inform precedent that will have an impact, not just on potentially the Cowichan decision, but all future decisions where similar issues come up,” Fraser said.

Ottawa, Victoria, and other parties — including the City of Richmond — are appealing the ruling by the B.C. court.

Cowichan tribes have consistently said they are not seeking to lay claim to private land.

— With files from Kyle Benning and The Canadian Press