Attorney General Sharma says B.C. supports company’s request to reopen Cowichan case

VICTORIA — British Columbia’s attorney general says it is rare to reopen a court case as significant as the landmark Cowichan Tribes title decision, but the government supports an effort to do so by the largest private property owner in the title area.

Niki Sharma says Montrose Properties will be able to bring forward details about how it has been affected by the ruling that Aboriginal title is a “senior interest” compared to fee-simple title.

Montrose owns about 120 hectares in the overall title area of 300 hectares granted by the judge, but the court didn’t hear from private landowners during the initial case, so the company is asking a B.C. Supreme Court judge in Victoria to reopen the case.

The same judge hearing Montrose’s arguments through to Wednesday ruled in August that the Cowichan First Nation has Aboriginal title over the land, that the granting of private titles by government unjustifiably infringed on the nation’s title, and that Crown and city titles on the site are defective and invalid.