B.C. Conservative leader John Rustad wants the Supreme Court of Canada to weigh in on a land and fisheries rights case that the B.C. Supreme Court recently found in favour of the Quw'utsun Nation on Vancouver Island.
Rustad has written to federal Minister of Justice and Attorney General Sean Fraser urging the federal government to refer the implications of the ruling, which would see Quw鈥檜tsun Nation recover land title and fisheries rights near the mouth of the Fraser River, to the Supreme Court of Canada.
鈥淭his judgment raises profound questions of law that go well beyond British Columbia,鈥� said Rustad.
鈥淥n the one hand, it suggests Aboriginal title may enjoy priority over private ownership, but at the same time it declines to make a clear declaration about fee simple lands. These two positions cannot be reconciled without guidance from the highest court.鈥�
Rustad stressed that the lack of clarity leaves British Columbia鈥檚 land system operating under uncertainty.
鈥淗omeowners, farmers, small businesses, and investors are now left in limbo,鈥� he said. 鈥淲hen the foundation of land ownership is uncertain, confidence in the economy and our ability to move ahead with major projects is shaken.鈥�
In his letter, Rustad cited section 53(2) of the Supreme Court Act, urging the federal government to move a reference question to the Supreme Court of Canada so the issue can be fully considered.
鈥淭his is a matter of national concern,鈥� Rustad added. 鈥淐larity from the Supreme Court is essential not just for reconciliation, but for fairness and certainty for all Canadians.鈥�
In early August, the B.C. Supreme Court issued judgment that the Quw鈥檜tsun Nation, consisting of Cowichan Tribes, Stz鈥檜minus First Nation, Penelakut Tribe, and Halalt First Nation, as well as the supporting Lyackson First Nation, have Aboriginal title over the Tl鈥檜qtinus village lands, which are located on the south shore of Lulu Island, now in the City of Richmond.
The court ruled in a more than 800-word judgment that the province owes a duty to the Quw鈥檜tsun Nation to negotiate in good faith reconciliation of the Crown granted fee simple interests held by third parties in regards to the village lands.
The case was based on the claim of the Quw鈥檜tsun Nation of close to 1,850 acres of traditional village and surrounding lands on Lulu Island, as well as the right to fish the south arm of the Fraser River for food.
Much of the land in question is currently owned by the governments of Canada and B.C., the Vancouver Fraser Port Authority, the City of Richmond and private owners.
B.C. Attorney General Niki Sharma also said the province鈥檚 NDP government "strongly disagrees" with the court's decision and will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved.
"We respect the court's role in our justice system, but given the significant legal issues raised in the recent [court] decision, we believe it must be reconsidered on appeal," she said.
