GUNTER: Cowichan Tribes land ruling shows activist judges rewriting Canadian law, threatening private property rights
In August, B.C. Supreme Court Justice Barbara Young ruled that a large chunk of the Vancouver suburb — including 150 private homes, several businesses, some government land and a golf course — were now owned by the Indigenous tribes.
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A recent B.C. Supreme Court decision granting land title in Richmond to the Cowichan Tribes has reignited debate over judicial activism in Canada — and raised serious concerns about the future of private property rights nationwide.
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Many readers will be aware of a recent spate of activist rulings, like the July ruling by a Toronto judge that there exists a heretofore unknown Charter right to bike lanes. Justice Paul Schabas created this right out of thin air because he wanted to prevent Ontario’s Conservative government from ordering the removal of bike lanes from major streets.
One unelected activist judge against the elected legislature and electorate of Ontario.
And there was the June decision by another Ontario judge that the arrest of an Brampton man with several outstanding drug........





















Toi Staff
Gideon Levy
Tarik Cyril Amar
Stefano Lusa
Mort Laitner
Sabine Sterk
Robert Sarner
Andrew Silow-Carroll
Constantin Von Hoffmeister
Ellen Ginsberg Simon
Mark Travers Ph.d