The Cowichan Tribes v. Canada
from Storman Norman Presents Hosted by Storman Norman
The case that rewrote BC property law. This episode tackles the monumental 2025 Cowichan Tribes decision. We start with a plain-English breakdown of what happened in Richmond, then pull out the heavy legal machinery. Learn why the Torrens system and the Land Title Act cannot protect a constitutionally defective Crown Grant, and what "coexisting title" means for the future of boundary surveying in British Columbia. Additional Sources Needed: Land Title Act (Sections 23, 25) Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 PRM Chapter 8 (Principles of Boundary Surveys) Key Study Points: Why Aboriginal title exists entirely outside the provincial land title registry. The legal difference between a "statutory defect" in a Crown Grant and standard surveying errors. The limits of "Indefeasible Title" when intersecting with Section 35 of the Constitution Act.
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