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A Judge Recognized Aboriginal Title on Private Property. Panic Ensued. / How the Cowichan court battle is putting the real meaning of reconciliation to the test [Canada]
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silence7 slrpnk.net silence7@slrpnk.net
Joined: 2023-06-11
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Chief Elliott paused for a long while before responding. “There’s going to be a day and time,” he said, “when we’ll sit with them, have the conversation of how we are going to work this out.” He sighed and then reiterated the point the Cowichan had made often: “We’re not kicking them off.”

When I put the question to Chief Thomas, over the phone, I could almost hear her eyes roll. “Obviously, the Cowichan have been really clear that they’re not targeting individual homes,” she said. “The judge said, ‘There is Aboriginal title here, but fee simple remains intact, and it’s up to the province to negotiate what that means.’ ”

Until the province does so, Thomas said, there’s not much more the Cowichan can do to assuage concerns. Thomas did, however, suggest a template for a positive outcome: “Take a look at the Haida ‘Rising Tide’ agreement.”

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