John Rustad calls on Ottawa to refer Cowichan ruling to Supreme Court

August 26, 2025

RED FM News Desk

Conservative Official Opposition Leader John Rustad is urging the federal government to refer a recent court decision on Indigenous land rights to the Supreme Court of Canada.

In a letter to federal Justice Minister Sean Fraser, Rustad argued that the Cowichan Tribes v. Canada (Attorney General) ruling has created significant uncertainty. He said the decision suggests Aboriginal title could take priority over private ownership, but lacks a clear declaration on fee simple lands, which he believes are contradictory positions that only the Supreme Court can resolve.

Rustad emphasized that this legal ambiguity is leaving British Columbia’s land system in a state of limbo. “Homeowners, farmers, small businesses, and investors are now left in limbo,” he said. “When the foundation of land ownership is uncertain, confidence in the economy and our ability to move ahead with major projects is shaken.”

Citing the Supreme Court Act, Rustad called the matter one of “national concern” and stated that clarity from the highest court is “essential not just for reconciliation, but for fairness and certainty for all Canadians.”