Does Aboriginal Title in BC mean you could lose your home? The short answer: No. But here’s why it matters for reconciliation.Throughout recent Canadian history, several landmark cases from British Columbia regarding Aboriginal Title have made their way to the Supreme Court of Canada. Aboriginal Title, according to The Canadian Encyclopedia, refers to Indigenous Peoples’ inherent rights to land in Canada that stems from their historical occupation, use, and control of lands that predates further settlement. Aboriginal Title is specific in that it is not a case of the government granting land to the associated Indigenous community; it is an acknowledgement of the inherent rights, initially recognized by the Royal Proclamation of 1763. Two crucial landmark cases from the Supreme Court of Canada, Delgamuukw v British Columbia and Tsilhqot’in v British Columbia have set out the procedures for recognizing Aboriginal Title and specifically whether the use, occupation, and control of the land by the Indigenous community still exists. These cases also acknowledged the jurisdiction each community has over the land, especially regarding decisions to be made over natural resource extraction. For example, the Haida Nation v British Columbia (Ministry of Forests) defined processes for triggering the crown’s duty to consult Indigenous communities over actions that may affect Aboriginal rights in situations like forestry, oil extraction, mining, and others. Recently, the Cowichan First Nation’s Aboriginal Title was acknowledged by the BC Supreme Court on a patch of land in Richmond, BC. Many Indigenous chiefs have congratulated the Cowichan First Nation on this ruling. However, headlines from media outlets like the Fraser Institute and the Vancouver Sun seem to be pushing a fear-based narrative, suggesting the decision will be harmful to BC’s economy or that Aboriginal Title will threaten individual private homeowner’s rights to their land. Today, let’s talk about BC’s approach to reconciliation through the creation of Aboriginal Title and address those aforementioned concerns for BC residents.&nbsp;According to Indigenous Foundations at the University of British Columbia, treaties were never formed between many Indigenous communities and the government. This means that, because negotiations and arguments occurred consistently, Aboriginal Title was never extinguished, meaning that the communities had clear use, control, and occupation of that land.&nbsp;So, does granting Aboriginal Title affect your homeownership? No. The University of British Columbia specifically states that “issues of outstanding Aboriginal Title does mean that private property will be expropriated or that homeowners will be evicted from their homes. Many Aboriginal leaders have consistently stated that this is not their desire.” They also state that the Supreme Court in Delgamuukw has confirmed the Crown has underlying title to lands but that Aboriginal Title represents a burden on the Crown.&nbsp;CBC spoke to Chief Don Tom, also Vice President of the Union of BC Indian Chiefs, who stated that the ruling recognizing Aboriginal Title in Cowichan “is not about seizing private homes or threatening homeowners.” Tom also said that “framing this decision as a threat to private property strokes fear and unfairly scapegoats First Nations.” As mentioned before in our discussion of the Haida Nation case from the Supreme Court, the point of Aboriginal Title is to ensure indigenous jurisdiction over activities such as natural resource extraction is respected. For example, the crown cannot conduct resource extraction on land with Aboriginal Title without consulting the relevant title holder. The Sparrow case from the Supreme Court specifically states that the crown may infringe on Aboriginal Title if it is justified. Sparrow asks 1) whether the crown’s measure had a valid legislative objective, and if so, 2) whether the action is consistent with the government’s fiduciary duties to the specific community involved. Valid legislative objectives and more information on the crown’s fiduciary duties can be found <a href="https://www.justice.gc.ca/eng/csj-sjc/ijr-dja/35pedia-wiki35/p9.html">here</a>, In other words, whether a community is found to have Aboriginal Title has nothing to do with non-Indigenous homeowners. Remember: Aboriginal Title is simply an acknowledgment of ownership that has always consistently existed within the community in order to protect land from the government’s actions like resource extraction. In any case, where justified by law, the crown can infringe on the title.&nbsp;As the Carney government claims that they want to fast track economic projects in light of Trump tariffs, Indigenous communities, according to the CBC, are expressing concern over the respect for Aboriginal Title and how land will be used for these projects. Given the Trudeau/ Carney governments’ track record, which includes their less than stellar ability to launch anything on time, on budget, and on objective, the concern seems quite justified. As an Individual homeowner, however, your rights will be staying exactly where they are. You may even benefit from the extra diligence imposed by Indigenous communities and find that in the end you’ll want to thank them.

Aboriginal Title: Clearing the Myths in BC

BC court rulings on Aboriginal Title affirm Indigenous land rights. Here’s why homeowners have nothing to fear.

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