A few weeks ago, the Free Press published a remarkable story about legal developments in Canada. In short, a judge ruled that the indigenous Cowichan Nation holds superior title over an 800 acre plot of land, based on claims from the 19th century. People who previously owned that land in fee simple now hold it subject to a servitude by the Nation.
After an 11-year legal battle and a 513-day trial that is the longest in Canadian history, a judge ruled in August that the indigenous Cowichan Nation holds "Aboriginal title" over 800 acres of land—including a swath along Road No. 6 that includes Batth's house and fields. The decision was a seismic shift in Canadian property law, declaring for the first time that indigenous land rights are greater than the rights held by private owners like Batth. It seemed unimaginable, but it was real.
Let me pause right there. How can a trial possibly last 513 days? Here, I will invoke Jeff Brown's Law.
