Quw’utsun Nation calls politicians' comments on title ruling 'misleading,' 'inflammatory'

Quw’utsun Nation is challenging comments made by politicians about a court ruling recognizing the nation's Aboriginal title to part of Richmond, B.C., calling the statements “at best, misleading, and at worst, deliberately inflammatory.”

In August, a B.C. Supreme Court judge ruled Quw’utsun Nation had fishing rights in the Fraser River and Aboriginal title to a 7.5 square kilometre parcel of land on Lulu Island — called Tl’uqtinus by Quw’utsun Nation.

Richmond Mayor Malcolm Brodie recently sent a letter to 150 private property owners, saying that the decision may “compromise the status and validity” of their ownership.

B.C. Premier David Eby has called anxiety by private property owners “totally reasonable,” and said the province is working with the City of Richmond to appeal the title decision.

In a statement Monday, Quw’utsun Nation said “Richmond and British Columbia’s negative and erroneous messaging is provoking unnecessary fears.

“Their approach is inconsistent with the Court's decision and is contrary to reconciliation. With all due respect, Mayor Brodie, the Quw’utsun Nation is also a 'private landowner' at Tl’uqtinus.”

Quw’utsun Nation, which comprises five communities: Halalt, Lyackson, Penelakut and Stz'uminus and Cowichan Tribes, said in the statement the case has not and does not challenge the effectiveness or validity of any title held by individual private landowners and “does not erase private property.”

Cindy Daniels, chief of Cowichan Tribes, said in the statement the nation purposefully didn't bring the case against any individual private landowners, and also didn't seek to invalidate their land titles. 

Shana Thomas, chief of Lyackson First Nation, said intention of the lawsuit was not to deepen division with British Columbians.

"We are here to build a just future based on truth and reconciliation," said Thomas in the statement.

"One where British Columbia upholds its constitutional obligations.”

The statement also said any private property owners in the title area of Tl’uqtinus who are worried should direct any remedy-seeking to the province.

“We welcome and anticipate supporting individual landowners making any respectful claims they may have against British Columbia,” said Pam Jack, chief of Penelakut Tribe, in the statement.

The B.C. Supreme Court ruling said the Crown and city titles on the land are defective and invalid, and the granting of private titles by the government unjustifiably infringed on Quw'utsun title.