BC backs Montrose request to reopen Cowichan title case

The British Columbia government is supporting a rare legal request to reopen a landmark Aboriginal title case, citing the need for a major private landowner to present evidence about how the ruling affects its property. Attorney General Niki Sharma stated the province supports the application by Montrose Properties, the largest private property owner within the 300-hectare area where the Cowichan First Nation was granted Aboriginal title last August.

Montrose owns approximately 120 hectares of land along the Fraser River in Richmond, an area the Cowichan describe as a former summer village taken from them in the 1870s. The company is asking a B.C. Supreme Court judge in Victoria to reopen the case, arguing that the court did not hear from private landowners during the initial trial. The same judge who issued the original ruling is hearing Montrose's arguments, which are scheduled to continue through Wednesday.

In her comments, Sharma noted that reopening a case of this significance is uncommon. She explained that Montrose would be able to bring forward details about how it has been affected by the court's determination that Aboriginal title is a "senior interest" compared to...