Conservative Leader John Rustad Urges Federal Government to Refer Cowichan Decision to Supreme Court of Canada

IMAGE CREDIT:  Khelsilem 

“The Cowichan ruling has created uncertainty at the very core of our land ownership system. The question of whether Aboriginal title and private ownership can coexist must be answered by the Supreme Court of Canada.” ~~ John Rustad

Conservative Official Opposition Leader John Rustad has written to federal Minister of Justice and Attorney General Sean Fraser, urging the Government of Canada to refer the implications of the recent Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 decision to the Supreme Court of Canada.

“This judgment raises profound questions of law that go well beyond British Columbia,” said Rustad. “On 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.”

Rustad stressed that the lack of clarity leaves British Columbia’s land system operating under uncertainty. “Homeowners, farmers, small businesses, and investors are now left in limbo. When the foundation of land ownership is uncertain, confidence in the economy and our ability to move ahead with major projects is shaken,” he said.

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. “This is a matter of national concern,” Rustad added. “Clarity from the Supreme Court is essential not just for reconciliation, but for fairness and certainty for all Canadians.”