The case in BC where individuals' properties were given to the Cowichan Nation sets a precedent for landowners in the province. According to lawyer Thomas Isaac, who specializes in aboriginal law, the case in Richmond where 5.7 km of land was given to the Cowichan, "affected private property rights immediately within the area where title is declared."The court determined that "sections 23 and 25 of the Land Title Act (LTA) do not apply to aboriginal title.""That's a verbatim quote."Isaac says section 23 of the LTA lays out the rights of the private landowner with their land..Section 25 provides protections the Crown gives to those rights."To put it a bit more bluntly, it is the heart and soul of free simple property rights," said Isaac.Isaac states these protections don't apply to aboriginal declared land."It's not just Richmond — it is very clearly directed towards all fee simple property in BC."Fee simple property is the most complete form of private land ownership an individual can have.
