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B.C. Appeals Cowichan Title Ruling as Expert Warns of Risks to Private Land

Experts warn the case could set a wider precedent if upheld.

A residence bordered by farmland along No. 6 Road and Country Meadows Golf Course, right, which fall within the boundaries of a Cowichan Nation Aboriginal title claim, are seen in an aerial view in Richmond, B.C., on Friday, Aug. 22, 2025. THE CANADIAN PRESS/Darryl Dyck
Richmond, B.C., residents look at a map of the Cowichan land title area during an information session for property owners who may be affected by the recent B.C. Supreme Court decision.
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B.C. Premier David Eby is smudged with tobacco by Mitchell Tourangeau during a gathering to mark the National Day for Truth and Reconciliation at UBC on September 30, 2025.

Overview

  • Premier David Eby said the province is applying for a stay and expediting a Court of Appeal review while urging affected owners to document financing and market impacts.
  • Indigenous law specialist Tom Isaac argues the judgment states key Land Title Act protections do not apply to Aboriginal title, raising concerns that private ownership could be at risk.
  • Cowichan counsel David Rosenberg says the case turns on historically reserved settlement lands and contends the ruling’s reasoning should not be broadly applied.
  • The federal and B.C. governments, the City of Richmond, Musqueam and Tsawwassen have filed appeals, and the Cowichan Tribes are cross-appealing to seek a larger area.
  • Property owners and consultants are launching mass BC Assessment appeals as reports cite stalled sales, mortgage problems and a bank pulling financing for a $100‑million project.