other Indigenous group (at para. 3471).
[7]
Accordingly, the
Court makes six declarations, which are summarized below:
The Cowichan have Aboriginal title to
the Cowichan Title Lands within the meaning of s. 35(1) of the
Constitution
Act, 1982
;
The Crown grants of fee simple interest
in the Cowichan Title Lands, and the Crown vesting of the soil and freehold
interest in certain highway lands in the Cowichan Title Lands, unjustifiably
infringe the Cowichans Aboriginal title;
Except for Canadas fee simple titles
and interests in certain lands (the Vancouver Airport Fuel Delivery Project
Lands), Canada and Richmonds fee simple titles and interests in the Cowichan
Title Lands are defective and invalid;
With respect to the Cowichan
Title Lands, Canada owes a duty to the Cowichan to negotiate in good faith
reconciliation of Canadas fee simple interests in the Vancouver Airport Fuel
Delivery Project Lands with Cowichan Aboriginal title, in a manner consistent
with the honour of the Crown;
With respect to the Cowichan
Title Lands, BC owes a duty to the Cowichan to negotiate in good faith
reconciliation of the Crown granted fee simple interests held by third parties
and the Crown vesting of the soil and freehold interest to Richmond with Cowichan
Aboriginal title, in a manner consistent with the honour of the Crown; and
The Cowichan have an Aboriginal
right to fish the south arm of the Fraser River for food within the meaning of
s. 35(1) of the
Constitution Act, 1982
.
[8]
See para. 3724 of
these reasons for the declarations of this Court. See also the map attached to
these reasons as Schedule A, which is provided as a visual aid, where the
black line depicts the boundary of the Cowichan Title Lands.
Table of
Contents
Paragraph
Range
PART 1 INTRODUCTION
[1] - [59]
A. PARTIES
[7] - [27]
1.
Plaintiffs
[7] - [13]
2. Defendants
[14] - [27]
B. DESCRIPTION OF THE CLAIM AREA AND DEFINITIONS
[28] - [53]
1.
Lands of Tl'uqtinus
[28] - [31]
2. Federal Tl'uqtinus Lands
[32] - [36]
3. Richmond Tl'uqtinus Lands
[37] - [41]
4. Vancouver Airport Fuel Delivery Project Lands
[42] - [42]
5. Private Fee Simple Lands
[43] - [44]
6. Language
[45] - [46]
7. Terminology
[47] - [53]
C. NATURE OF THE LITIGATION
[54] - [59]
PART 2 PROCEDURAL HISTORY
[60] - [80]
A.
CHRONOLOGY OF THE LITIGATION
[