Reconciling Aboriginal Title and Private Property Right in Cowichan Tribes v Canada

We’re pleased to be welcoming Jaclyn McNamara and Victoria Vicks from Olthuis Kleer Townshend LLP for a lecture on the BC Supreme Court’s 2025 Cowichan Tribes decision and its implications for private property rights.

This will be an online event, hosted on Wednesday, February 25th at 2:00PM-3:00PM EST via Zoom.

To register for the talk, please click HERE

This will be the second in our two-part lecture series on Aboriginal title. The first lecture with Professor Robert Hamilton will be hosted on Tuesday, February 17th. Further details and registration for the first lecture can be found here.

Abstract

In Cowichan Tribes, the court declared that the Cowichan Tribes have Aboriginal title over certain privately-owned lands, and that some of those lands should be returned to the Cowichan Tribes. This landmark decision reaffirms the constitutional and unique nature of Aboriginal title, while acknowledging the need for reconciliation with existing private property rights. It is a clear signal to the Crown that it needs to proactively deal with longstanding, unresolved land claims through good faith negotiations with Aboriginal title holders. This presentation will highlight how the decision in Cowichan Tribes came to be, the implications for governments, Aboriginal title holders, and private property owners, and where we can go from here.

Speaker Bios

Jaclyn McNamara is a Partner at Olthuis Kleer Townshend LLP. Her practice focuses on the protection of Aboriginal rights and title and Treaty rights through litigation and negotiation. Jaclyn has appeared in different levels of court across the country, including various appellate courts, representing Indigenous clients fighting for their rights. Jaclyn also has experience preparing claims for First Nations to go before the Specific Claims Commission.

Victoria Wicks is an associate at Olthuis Kleer Townshend LLP. Her practice focuses on protecting section 35 rights and advancing Indigenous jurisdiction. She represents Indigenous clients across the country in court, in regulatory proceedings, and at government and corporate negotiations. Her experience spans a range of issues, including: Aboriginal and Treaty rights claims, including Aboriginal title claims; Indigenous governance and administration of justice; environmental assessment processes; and archaeology and the protection of ancestral remains.