Overview

• Justice Barbara Young recognized Cowichan Aboriginal title over parts of Lulu Island and declared certain Crown fee-simple grants defective, then suspended implementation for 18 months to allow negotiations.
• The B.C. government says it will appeal, is preparing to file in the Court of Appeal in early September, and is seeking a stay to pause the ruling during the appeal.
• Conservative Leader John Rustad asked federal Justice Minister Sean Fraser to refer the matter directly to the Supreme Court of Canada, while Attorney General Niki Sharma says the standard appeal route offers the most direct clarity.
• Ottawa says it is reviewing the decision; federal minister Gregor Robertson said his understanding is that private property rights are not affected by the ruling.
• Cowichan’s lead lawyer David Rosenberg said sales of affected fee-simple parcels would require Cowichan consent, while real estate groups report uncertainty and note unresolved defenses such as bona fide purchaser remain for the courts to determine.