Musqueam First Nation Opposes Cowichan Decision

CBC is reporting that "In a news release, the Musqueam First Nation says that Chief and Council are deeply offended by the recent Supreme Court of British Columbia decision on Cowichan Tribes v Canada. Leadership and our entire community fundamentally disagree with the court's decision."

That's because this is one of many overlapping applications. The Musqueam nation is in Vancouver beside several other Tribes. The Cowichan nation is named after the Cowichan valley on Vancouver Island. The reason why land claims are often problematic is because several different tribes claim the same land. As a result there are more outstanding land claims then their is land in BC. That means we're going to have to share. 

This illustrates another problem. As soon as the crown makes an agreement with a larger tribe a smaller tribe objects to it. 

The Vancouver Sun is reporting that "The question that dominated a Richmond public meeting this week on the impact of a recent court decision on Aboriginal title was a simple one: Why weren’t we told sooner?”

"It was the province that first asked the court, back in 2017, to require notification. The court rejected the application, saying at that stage that no remedy from the court would impact the private landowners." Oh really?

"Case management judge J.A. Power of the B.C. Supreme Court rejected motions for notification from the provincial and federal governments. Article content The judge worried that if the court ordered formal notifications to private landowners it could be swamped with applications from them for standing." Of course it would. It's their land. They have standing. They have a right to submit opposition to the application. 

Power ruled that “It would for all practical purposes put a halt to these proceedings.” So it should. Proceeding without them was unlawful. "Note: At this stage. In the event Cowichan were to revise its intentions in future, the private landowners could then proceed to court and file a complaint that they were not given formal notice earlier. Of course they can. They can do that now. 

"The judge also recorded that the Cowichan Tribes had vigorously opposed the application to give formal notice to landowners because the Cowichan were not, at that time, seeking possession of the private fee-simple land."

This would support the Cowichan lawyers recent claim that no one was seeking to kick private owners off their property. They were seeking a different remedy. They want more money. A smaller tribe from a different area wants more money. Again. This is why not all overlapping applications are valid. 

The province and John Rustad both oppose this decision. 

Do you own your home? Are your private property rights at risk? This is a valid question thanks to David Eby’s NDP who directed the crown not to argue extinguishment of indigenous rights to protect private property rights.

Now, because of him, mortgages are at risk. https://t.co/paWkxhquKD

— John Rustad (@JohnRustad4BC) October 29, 2025