By now we've all read reams of commentary about the Cowichan decision and its potential/possible/actual ramifications for private property. The Quw’utsun (Cowichan) Nation has itself clearly expressed its intentions regarding respecting fee simple ownership at Tl’uqtinus. Experienced commentators have explained how Aboriginal Title, like Crown Title, can underlie and support the continued right of home and business owners to hold, enjoy and rely upon their private titles (even titles that...

It would be so simple if all we had to do with laws was follow them. At a fundamental level, of course (one largely unacknowledged by colonial legal systems) this is true: the natural world is our universal, unavoidable legislator. Nature’s decrees, conditions and judgments – especially judgments – can be harsh and unpredictable, but as most peoples across most times have known or learned, her authority cannot long be denied. Among my reasons for deeply respecting Indigenous legal orders is...

One of the general differences between Indigenous and settler/colonial legal orders is that the former locate legal principles and...