A Fraser Institute commentary by Bruce Pardy addresses the role of the NDP government of British Columbia in undermining the established laws on land title in the province among other actions to the advantage of First Nations bands and to the definite disadvantage of ordinary British Columbians:
Recently, British Columbia Attorney General Niki Sharma said that fee simple title in private property is superior to Aboriginal title. She’s a day late and a dollar short. In fact, her NDP government, led by Premier David Eby, has been doing everything in its power to have Aboriginal title triumph across B.C.
A B.C. Supreme Court judge has granted several First Nations a portion of a 1,846-acre land claim on Lulu Island. B.C. Supreme Court
A few days earlier, the City of Richmond sent out a letter to more than 125 property owners warning them that the security of their land is in doubt. “For those whose property is in the area outlined in black,” the letter reads, “the Court has declared aboriginal title to your property which may compromise the status and validity of your ownership … The entire area outlined in green has been claimed on appeal by the Cowichan First Nations.”
The Richmond letter is a consequence of a recent decision of the B.C. Supreme Court, which awarded Aboriginal title over 800 acres of land in Richmond to the Cowichan First Nation. Wherever Aboriginal title is found to exist, said the court, it is a “prior and senior right” to other property interests, whether the land is public or private.
It is finally dawning on British Columbians that obsequious devotion to reconciliation is putting their land at risk. Sharma claimed that B.C. was pursuing multiple grounds of appeal, but that makes her a hypocrite. Her government did not robustly defend in court against the Cowichan claim. And in a dozen other ways, the Eby government has sought to put title and control of B.C. into Aboriginal hands.
In early 2024, it proposed to amend the province’s Land Act, which governs the use of Crown land in B.C. It planned to give B.C.’s hundreds of First Nations a veto over mining, hydro projects, farming, forestry, docks and communication towers. The government tried to consult quietly, but the backlash was immediate. It withdrew the proposals, promising to be more transparent. But it did not shelve its objectives or its plans. And did not deliver on its promise. Instead, it sought to make agreements over specific territories with specific Aboriginal groups, often negotiated covertly and announced after the fact.
In April 2024, the Eby government recognized Aboriginal title to Haida Gwaii, the archipelago on Canada’s West Coast. Around 5,000 people live on Haida Gwaii. About half are Haida, who voted overwhelmingly in favour of the deal. But non-Haida residents had no say. The Haida agreement says private property will be honoured, but private property is incompatible with Aboriginal title, which is communal. If Haida Gwaii really is subject to Aboriginal title, then no one can own parts of it privately.
Update: I forgot to include the URL to Mr. Pardy’s article … fixed now.
