A commentary by a Saanich resident with more than 40 years of experience addressing complex property and land title disputes in B.C.

The decision in Cowichan Tribes v. Canada, issued in August, is indeed a long read: 3,728 paragraphs, more than 500 pages.

Due to its length, there is an effective executive summary. As with most reasons for judgment issued by our courts, the reasons follow a pattern.

First, the court makes its findings of fact specific to the case. In this case, those findings are important.

The key findings appear to be that there was no doubt about the existence of an Indian village site occupied by the Cowichan.

In the earliest days, promises were made by James Douglas to the Cowichan people that they would be treated........

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