What to know about Cowichan land title case in B.C. and push for ‘clarity’

A landmark court ruling has ignited fierce debate and uncertainty over the future of private property rights in the province and across the country.

A landmark court ruling in British Columbia regarding Aboriginal land title over urban lands has ignited fierce debate and uncertainty over the future of private property rights in the province and across the country.

The federal and provincial governments are appealing the B.C. Supreme Court’s ruling in favour of the Quw’utsun Nation, or Cowichan Nation, that found it had “established Aboriginal title” to more than 5.7 square kilometres of land on the Fraser River in Richmond, south of Vancouver.

The City of Richmond has also joined the appeal.

The ruling declared Crown and city titles on the land are “defective and invalid,” and the granting of private titles on it by the government unjustifiably infringed on the Cowichan title.

That has created confusion and anger among homeowners in the affected area, despite the Cowichan Tribes insisting it has no intention of stripping private title holders of their property.

On Thursday, Richmond city Coun. Alexa Loo claimed an unnamed local company was refused financing for what she says was a $100 million project because of uncertainty over their site due to the ruling.

The case could also set a precedent for Indigenous land claims in other parts of Canada: an Algonquin First Nation filed a similar title claim in Quebec Superior Court this week.

“Further legal clarity is required to address the decision’s potentially significant nationwide implications, particularly relating to private property rights,” a spokesperson for federal Crown-Indigenous Relations Minister Rebecca Alty told Global News in a statement explaining its decision to appeal.