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B.C.’s latest Indigenous outrage threatens freedom of contract
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B.C.’s latest Indigenous outrage threatens freedom of contract
By Peter Best Last year, in Cowichan Tribes v. Canada, a B.C. court pulled the rug out from under property rights across Canada by declaring aboriginal title to be a “senior and prior interest” when compared to the fee simple status that forms the bedrock of Canadian property ownership. Now Metlakatla First Nation v. Prince Rupert Port Authority (PRPA) threatens the same sort of damage to contract law. The lawsuit turns on the validity of contra…
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