Farmland and Country Meadows Golf Course, left, and industrial lands, right, that include a Canadian Tire distribution centre, which fall within the boundaries of a Cowichan Nation Aboriginal title claim, in Richmond, B.C., on Aug. 22.DARRYL DYCK/The Canadian Press

The Supreme Court of Canada has defined Aboriginal title as the right to exclusive use and occupation of the land. This has been established for decades now, but just what it means remains surprisingly vague.

What has been clear – until recently – is that the rights of private landowners in Canada are protected through fee simple title, which has long been considered the strongest interest in property ownership, promising the title holder exclusive ownership.

The courts have just started to grapple with how to reconcile those two rights of possession. And don’t look in the books of Canadian statutes to answer the question – they don’t exist.

The B.C. Supreme Court has exposed the need for clarity, following an exhaustive trial that spanned 513 days.

In an

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