Manufactured Judgements: How Canada’s Courts Promote Indigenous Radicalism

What’s the worst possible thing that can happen to a homeowner? It’s probably not a flooded basement, an infestation of rodents or things falling apart due to shoddy workmanship. It’s that the very concept of their ownership rights could be pulled out from under them. Such was the shocking outcome of a B.C. Supreme Court ruling over the summer which handed aboriginal title to a swath of B.C.’s Lower Mainland that has been privately owned and occupied by others in good faith for more than 150 years. On Canada’s National Day for Truth and Reconciliation, Peter Best takes a close look at the judge’s actions in the case of Cowichan Tribes v. Canada and reveals the many ways in which the court abandoned the precepts of impartiality and fact-based legal reasoning in order to come to the aid of the native claimants.