The Cowichan Tribes’ landmark court case, described as “monumental” by the Union of British Columbia Indian Chiefs (UBCIC), has sparked both celebration and concern.
After the longest trial in Canadian history—spanning 513 days over nearly four years—Justice Barbara Young of the BC Supreme Court ruled that the Cowichan Nation holds aboriginal title to approximately 7½ square kilometres of southeastern Lulu Island in Richmond, British Columbia, and an additional two-thirds of a square kilometre along the Fraser River shoreline, where the historic Tl’uqtinus village once stood. The ruling also grants the Cowichan fishing rights in the Fraser River.
This is the first time a court has declared aboriginal title over land that includes privately owned properties in British Columbia, unlike previous rulings that applied solely to Crown land.
The ruling has raised concerns among private property owners, neighbouring First Nations, and government entities, with the BC government announcing plans to appeal.
Legal experts say that the costly case will likely end up in the Supreme Court of Canada some years from now. The City of Richmond is also appealing. Mayor Malcolm Brodie says: “Property owners in Richmond and throughout the province can no longer rely on their title confirming a fee-simple interest as conclusive evidence of absolute ownership of their land. The court’s untenable decision cannot remain unchallenged.”
Justice Young’s 863-page decision emphasized that the Cowichan Tribes are not seeking to invalidate titles on privately owned lands.
Chief negotiator Robert Morales, a member of the Cowichan Tribes, reinforced this, stating, “We’re not going after the small private citizens who own a house, and we made that very clear. We do expect government to come to the table in good faith and work this out in terms of what are the rights that exist for Hul’qumi’num people.”
Similarly, UBCIC Vice-President Chief Don Tom clarified, “This ruling is not about seizing private homes or threatening homeowners.” He added: “Framing this decision as a threat to private property stokes fear and unfairly scapegoats First Nations.”
Veldon Coburn, associate professor and faculty chair of Indigenous relations at McGill University, insists that the ruling does not threaten individual homeowners.
Instead, he emphasized that the focus will be on compensation from the Crown to the Cowichan Peoples for the historical dispossession of their land.
“No one is losing their house,” Coburn stated. “It’s justice for dispossession.”
Despite these assurances, the ruling has caused unease among private property owners, particularly those with high-value properties, such as multi-million-dollar mansions along No. 6 Road in Richmond.
The Cowichan Tribes’ lawyer, David Robbins, noted that the decision means any use of the land within the titled area requires Cowichan permission, though the implications for private homeowners remain unclear pending further legal proceedings.
The titled area encompasses lands owned by the federal government, the Province of British Columbia, the City of Richmond, the Vancouver Fraser Port Authority, private companies, and individuals.
It includes critical infrastructure such as warehouses, port facilities, and municipal assets like dikes, flood-control catchments, and pump stations, which Richmond estimates to be worth $100 billion.
Justice Young ruled that federal and municipal titles in parts of the area are “defective and invalid.”
However, she issued an 18-month stay on this aspect of the decision to allow time for title transfers, a timeline the BC government intends to challenge as it prepares its appeal to the BC Appeal Court.
Legal experts, including Dwight Newman, a professor of law at the University of Saskatchewan, predict the case will likely escalate to the Supreme Court of Canada, potentially taking years to resolve.
Newman estimates that legal costs could approach or exceed $100 million by the time the case concludes, given the trial’s unprecedented length and complexity.
The Cowichan Nation, comprising the Cowichan Tribes, Stz’uminus First Nation, Penelakut Tribe, and Halalt First Nation, presented extensive evidence during the trial, including oral histories and historical records.
These demonstrated that the Tl’uqtinus village, located along the Fraser River, once housed up to 108 longhouses and supported as many as 2,250 Cowichan members.
The village was a seasonal hub, with members arriving in June to fish and hunt, departing in August to fish further up the river, and returning to Vancouver Island by September.
The Cowichan maintained the village until 1871, when the government began parcelling out the land without their knowledge or consent.
By 1914, the entire area had been sold to settlers, an action Justice Young deemed an infringement on the Cowichan’s Aboriginal rights.
Chief Cindy Daniels of the Cowichan Tribes emphasized the community’s objectives: “Our land and resources objectives are to recover and restore our village and surrounding lands, re-establish our permanent residence and river access, re-establish our cultural practices, including those that support food security and sustainability, realize economic development, and re-establish the truth of our history in that region.”
The ruling has also sparked concerns among neighbouring First Nations, particularly the Musqueam Indian Band and the Tsawwassen First Nation, who argue that the Cowichan claims infringe on their own titles and fishing rights.
Musqueam Chief Wayne Sparrow expressed disappointment, noting that the Cowichan Tribes relied on the “colonial legal system,” which he believes fails to respect traditional governance protocols and oral histories that guide intercommunity relationships.
The Musqueam’s legal counsel is reviewing the decision and considering next steps.
Similarly, the Tsawwassen First Nation argued in court filings that its citizens also historically camped and fished in the claimed area and should not be excluded from access to the lands and waters around Tl’uqtinus.
The case’s broader implications extend to Canada’s ongoing reconciliation efforts.
As Northern Beat News aptly summarized, “Buckle up for reconciliation everyone, it’s gonna be a bumpy decade.”
The Cowichan Tribes’ victory is a significant step toward recognizing Indigenous land rights, but the appeals process and competing claims from other First Nations suggest that resolution is still years away.
For further reading, see Northern Beat News:
- Explainer on the Cowichan Tribes case: https://ow.ly/XTBs50WLzBy
- Reconciliation challenges ahead: https://ow.ly/OCzn50WLzRS
