Cathy Guirguis on resolving Aboriginal land claims at the negotiation table, not in court

When it comes to unresolved Aboriginal title claims, are the courts the right forum? Or are they simply setting the stage for something that must ultimately be resolved at the negotiating table?Cathy Guirguis, CEO and partner at OKT, explains why cases like Wolastoqey in New Brunswick and Cowichan in British Columbia were inevitable, the collision between Aboriginal land claims and private property, and how courts have rejected the doctrines of Discovery and Terra Nullius — a position reinforced by the Truth and Reconciliation Commission of Canada. She also explores whether courts are subtly pushing reconciliation away from litigation and toward negotiation, the political reality governments face when reconciliation collides with voter pressure, and the creative — and sometimes missed — opportunities for negotiated settlements.ABOUT BREAKTHROUGH NATIONBreakthrough Nation spotlights people whose ambition, grit, and sense of duty are moving Canada forward. I’m Karen Restoule, your host, and each episode features leaders delivering real results across regions and sectors.ABOUT SERIES #3SERIES #3 examines the growing tension between Aboriginal title, private property, and land-use certainty — starting in British Columbia. We’ll look at how recent court decisions are reshaping investment risk, governance, and Canada’s ability to build with confidence. You’ll hear from leading legal minds, policy experts, academics, and practitioners working at the intersection of Indigenous law, major projects, and economic development.SERIES 3 is presented in collaboration with the Macdonald-Laurier Institute.Make sure you subscribe to never miss an episode.Please take a moment to give us a rating and review on: iTunes, Spotify, Stitcher, Google Podcasts or your favourite podcast app.WATCH podcasts in video on YouTube: https://www.youtube.com/@BreakthroughNationCAThank you for joining us on Breakthrough Nation podcast.Follow along at:YouTube:    / @breakthroughnationca  LinkedIn: www.linkedin.com/company/breakthroughnationTwitter: @ambitionandgritInstagram: @breakthroughnationcaFacebook: www.facebook.com/breakthroughnation Hosted on Acast. See acast.com/privacy for more information.