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B.C. Appeals First Canadian Ruling Granting Aboriginal Title Over Fee-Simple Lands

An appeal proceeds, leaving an 18-month window that clouds real-estate deals.

Overview

  • The province says it will file its appeal in early September and is seeking a stay, arguing the decision threatens certainty for private property transactions.
  • Conservative Leader John Rustad asked Ottawa to refer the matter directly to the Supreme Court of Canada, while federal officials said they are reviewing the judgment.
  • Justice Barbara Young recognized Cowichan title over parts of Lulu Island and declared certain Crown grants defective, but the ruling did not invalidate private homeowners’ titles.
  • Cowichan counsel said sales of parcels caught by the decision would require the Nation’s consent, signaling immediate practical effects despite the 18-month suspension.
  • The B.C. Real Estate Association backed the government’s response as legal experts warned of significant uncertainty even as courts are unlikely to disrupt people living in their homes.